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Upper C&saada. 



1835. 



THE SEVENTH 

REPORT 

FROM THE 

Select committee 

OF 

THE HOUSE OP ASSEMBLY 

Of 

UPPER ^CANADA 

ON 

GRIEVANCES; 

To whom tvcre referred Lord Viscount Goderich's Despatch h^r 
to His Excellency Sir John Colborne, of the 
8th November, 1832. 

TO WHICH IS ADDED, 
THE REPORT FROM THE SAME COMMITTEE, ON THE PETITION 
OF WILLIAM FORSYTH, LATE PROPRIETOR OF THE 
NIAGARA FALLS PAVILION. 

IV. I*, MACKENZIE, ESQ. Chairman. 



Ordered, by the House of Assembly ', to be Printed, (2,000 copies) 10th J- • ', I83|, 

■ ^*M*«* 

i. 

TOROXTO: C /0, ofy . 

M. R E Y N OLD S"; — • ~- : ~ 
Urintft to tjc J^ott t*e TB»tsc of a*Kt- 

UDCCCXXX.T. 



&EIYERAI* CONTEXTS. 



1. Table of Contents 

2. General Index. 

3- The SEVENTH REPORT i 

4. Orders of the House xiax 

5, Minutes of Evidence to 7th Rep. (5lh of Fcb'y to 10th 

April; reported 10th April, 1835 1 

0. Doeunaents appended to 7th Report 105 

1. The Report on the petition of W. Forsyth, Niagara Falls 

8. Documents annexed to eaid Report. 

9. Draft* of Sundry Bills. 



<\ 



/ 



TABLE OF CONTENTS 

OF THE 

SEVENTH REPORT. 



EVIDENCE. 

Thursday, 5th day of February, 1835. 

y . Page. 

Lieutenant Colonel William Rowan, Secretary to the 
Lieutenant Governor, 1 

Elias Moore, Esquire, M. P. P. for the County of Mid- 
dlesex, , s 

James Wilson, Esquire, M. P. P. for the County" of 
Prince Edward 11 

Very Reverend William John O'Grady, B. D. Toronto', 16 

Friday, 6th day of February, 1835. 

John Johnson Lefferty, Esquire, of Stamford 20 

William Dunlop, Esquire, Warden of the Forests to the 

Canada Company, 22 

Colonel A. G. W.*G. VanEgmorid, of Ross—Huron 

Tract, 26 

Saturday, 7th day of February, 1835. 
Very Reverend William John O'Grady, B. D— Toronto, 28 

Tuesday. \Qth day of February, 1835. 

Jawies King, Esquire, Barriste at Law — Toronto, 42 

Colonel Alexander Chisholm, M. P e P., for the County 

of Glengarry, , . 44 

Reverend Angus McDonell, Cure of Sandwich, 49 

Thomas Dalton, Esquire, Editor—Toronto, 51 

Wednesday, Wth day of February, 1S35. 

JoVm Brown, Esquire, M. P. P., for the County of 
Durham, » 52 

Friday, IZlk day of February, 1835. 

William Buell, Esquire, of Brockville, 55 

Very Reverend William John O'Grady, B. D.. Toronto, 55 



Table of Contents. 

PAGE 

Circular Questions, numbered 1st, 2nd, and 3rd, put 
to the respective Members of Assembly, as to Polling 
Places at County Elections. 

The Answers thereto of 

Doctor W. Bruce — Co. Stormont, to Question 3rd ... 02 

John Bower Lewis, Esquire — Co. Carleton, to Ques- 
tions 1st and 2nd, ib. 

Dennis Woolverton, Esquire — 1st Riding Co. Lincoln, 
to Questions 1st and 3rd ib. 

Thomas Parke, Esquire — Co. Middlesex, to Questions 
1st, 2nd and 3rd, ib. 

J. A. YY T ilkinson, Esquire — Co. Essex, to Questionslst 
and 3rd, ib. 

Nathan Cornwall, Esquire — Co. Kent, to Questions 1st 
and 3rd, ib. 

F. L. Walsh, Esquire — Co. Norfolk, to Questions 1st 
2nd and 3rd, ib. 

Thomas McKay, Esquire — Co. Russell, to Questions 
J st, 2nd and 3rd, ib. 

Hiram Norton, Esquire — Co. Grenville, to Questions 
1st 2ud and 3rd, G4 

Harmanus Smith, Esquire — Co. Wentworth, to Ques- 
tions 1st, 2nd aud 3rd, ib. 

Jacob Rymal, Esquire — Co. Wentworth, to Questions 
1st, 2nd and 3rd, ib. 

William B. Wells, Esquire — Co. Grenville, to Ques- 
tions 1st, 2nd and 3rd, ib. 

Jacob Shibley, Esquire — Co. Frontenac, to Questions 
1st and 2nd, ib. 

Peter Shaver, Esquire — Co. Dundas, to Questions 1st 
and 2nd, ib. 

Donald iEneas McDonell, Esquire — Co. Stormont, to 
Question 2nd, 65 

Donald McDonell, Esquire — Co. Glengarry, to Ques- 
tions 1st, 2nd and 3rd , ib. 

George S. Boulton, Esquire — Co. Durham, to Ques- 
tions 1st, 2nd and 3rd, ib. 

George Rykert, Esquire — 2nd Riding Co. Lincoln, to 
Questions 1st and 3rd, ib. 

Edward Malloch, Esquire — Co. Carleton, to Questions 
1st, 2nd and 3rd, 66 

W T illiam Morris, Esquire — Co. Lanark, to Questions 1st 
and 2nd, ib. 

Samuel Lount, Esquire — Co. Simeoe, to Questions 1st 
and 2nd, ib. 

JamesDurand, Esquire — Co. Halton, to Questions 1st 
and 2nd, ib. 

William McCrae, Esquire — Co. Kent, to Questions 1st 
and 3rd, ib. 

Francis Caldwell, Esquire — Co* Essex, to Questions 
1st and 3rd, ib. 

David Tborburn, Esquire— 3rd Riding Co. Lincoln, 67 



Table of Contents. 

William II. Meruit, Esquire — Co. Haldimand, to Ques- 
tions 1st aucl 2nd, ib. 

Henry W. Yager, Esquire — Co. Hastings, to Questions 
1st and 2nd, ib- 

Friday, 6th day of March, 1835. 
Thellonorable John Henry Dunn, Receiver General, 6$ 

Monday, 9th day of March, 1835. 

Bernard Turqnand, Esquire, 1st Clerk in Receiver 
General's Office, 70 

Gilbert McMieking, Esquire — M. P. P. 4th Riding Co. 
of Lincoln, 71 

James Duraud, Esquire, M. P. P. Co. of Halton, 74 

Friday, 27t/i day of March, 1835. 
The Honorable George H- Markland, Inspector General 
of Public Accounts, Member of the Executive and 

Legislative Councils, ... 76 

James King, Esquire, Barrister at Law, Toronto, .... 80 

Wednesday, 1st day of April, 1835. 
The Hon. and Venerable John Strachan, D. D., Arch- 
deacon of Toronto, Member of the Executive and 
Legislative Councils, 81 

Monday, 6th day of April, 1835. 

The Hon. Peter Robinson, Commissioner for the sale 
of Crown Lauds, Surveyor General of Woods, Mem- 
ber of the Executive and Legislative Councils, &c.. . 83 

Thomas Baines, Esquire, Secretary to Clergy Corpora- 
tion, 85 

Tuesday, 7th day of April, 1835. 

Mr. Henry Panuebacker, Farmer, Waterloo, Gore Dis- 
trict, , 93 

Samuel P. Hurd, Esquire, Surveyor General, ib, 

Friday, 10th day of April, 1835. 

William Warren Baldwin, Esquire, Barrister at Law; 
Toronto, 94 



APPENDIX. 

No. 
11 1. Letter, Colonel Rowan to the Committee, 18th 

March, 1835, 105 

k ' 2. Letter, do. to Mr. Secretary Cameron, 

do. do , ib, 



Table of CoJVTEn 

PAOB 

3. Letter, Mr. Secretary Cameron to the Committee, 

20th March, 1335, 101 

tier, Colonel Rowan to the Committee, 11th 
March, 1835 ib. 

5. Population of Upper Canada, 107 

6. Upper Canada Militia ih. 

7. Jjaads granted in Upper Canada, 1833, ib. 

8. Lands do. do. 1830,(JBlue Book) 103 

9. Agricultural Products, 109 

10. Balance of Revenue as shewn in the Blue Book,. . 110 
10 (a) The Receiver General's statement of the seve- 
ral public funds from A. to W. ib. 

10(b) Correspondence between the Chairman and the 

Receiver General, Ill 

11. Memorandum of Revenue Balances, December 
31st, 1834 113 

12. Table of Salaries-, Fac e i»ad Emoluments, which 
have been paid out of revenues raised from the peo- 
ple of Upper Canada for the year 1834, chiefly de- 
rived from the returns of the officers themselves, 

as shewn in the Bine i]ook, 1M 

13. Pensions 122 

14. Archdeacon Stracha i • J23 

15. Salary and allowances paid to the Lieutenant Gov- 
ernors of Upper Canada, out of rhe Revenm 

from the people of ince since 1st of Janu- 

126 

16. Income of Lieut. Governor Sir J. Colborne, for 
the;. ib. 

17. Payments to the Hon. Peter Robinson, since July 
1827, 127 

18. Payments to the lion. D. Cameron,, .do., .do.. . 

19. Payments to the Hon. J. 11. Dunn, . . . .do., .do.. . 128 

20. Clergy paid by Executive Gov 1C9 

21. Letter, Col. Rowan to the Committee, 2nd April, 
1835, ib. 

22. Extract from a Despatch from the Secretary for 
the Colonies relative to appropriations for Churches, 
STlhJan'y, 1834, 130 

23. Letter, Col. to the Rccei ., ral, 30th 
March, 1835, relative to monies paid the clergy,. . ib. 

24. Letter, the Receiver General to Col. Rowan, with 
detailed statements oi monies paid to the several 
denominations of Clergy 131 

25. Payments cf the Clergy, 1833, 132 

26. Details of payments to the Clergy of the Church 

of England, A 135 

27. do of do Church 

of Scotland, B 136 

23. do. . . . of do to United 

Presbyterian Synod, C, 1 37 

•29. do of do to Build 

R«maa Catholic Churches. L> ib. 



Table of Contents. 

PAGE 

No. 30 Payments of the Clergy, 1834, 138 

• 30(a) Estimate for Clergy of N. America, when for- 
merly paid by the votes of the House of Commons 
of Great Britain, 141 

•* 31. Details of payments to the Clergy of the Church 

of England, A, 144 

"32. do. ...do do B 145 

"33. do do do ...C 146 

M 34. do do. Church of Scotland, D.&E. 148 

"35. do do to Roman Catholic Church, F 149 

"36. do do. to United PresbyterianSynod,G.&H. ib. 

** 37. Letter, the Inspector General to Col. Rowan, rela- 
lative to the grant to the Methodists, 30th of 
March, 1835, 150 

M 33. Address of Canada Conference of the Methodists, 

with His Excellency's reply, ib. 

30. Letter, Col Rowan to the British Wesleyan and 

Canadian Wesleyan Conferences, 15th March, 1833 153 

" 40. Letter, Col. Rowan to the Wesleyan Methodist 

Conference, 4th July, 1834, 154 

'-'■ 40(a) Letter, Rev. Joseph Stinson to Sir John Col- 
borne concerning the grant to the Methodist Con- 
ference, 7th July, 1834, ib. 

' 41. Letter, Col. Rowan to "the Canadian Wesleyan 

Conference," 4th of July, .1834, 155 

' 42. Resolutions of Canadian Wesleyan Conference 

relative to the Government Grant, 19th June, 1834, ib. 

" 43. Statement of public monies to be applied by the 
Canadian Wesleyan Methodists to religious pur- 
poses, . . • .. 156 

" 44. Letter, Col. Rowan to the Synod in communion 

with the Church of Scotland, 157 

11 45. Letter, the same to the same, ib. 

" 40. Letter, Rev. John Machar to Col. Rowan, shew- 
ing the expenditure of public monies paid to that 
Church, July 7th, 1834, 158 

" 47. Letter, Col. Rowan to Bishop McDonell, J5th 

March, 1833, 159 

" 48. List of Commissioners to expend grant to Roman 

Catholic Churches, 160 

" 48 (a) Letter, Col. Rowan to Bishop McDonell, 4th of 

July, 1834 161 

49. Memorandum of Commissioners to expend Gov- 
ernment allowance for building and repairing Ro- 
man Catholic Churches, 1834, 161 

Church of England Clergy (Payments to) 163 

' 51. Glebes to Churches of England, Scotland and 

Rome, 164 

' 52. Return of the Clergy of the Church of England 

from the Blue Book, 1831, 165 

Wesleyan Methodists, 167 

,J 5L Presbyterian Clergy, > . . 168 

2 



Table of Contexts. 

PAGE 

No. 55 Roman Catholic Clergy 169 

" 56. Expenditure on Emigration, 1831 to 1831, ib. 

"57. Expenditure of £7,558 6s. ll£d. by the late Ros- 
well Mount, Esq. of Middlesex, on Emigration in 
Adelaide, Carradoc and Warwick 172 

" 58. Extracts from ?. report by Sir 11. Parnell and others 

on the management of the public revenue, 176 

" 58(a) Extract from an address of the House of As- 
sembly in 11th Parliament relative to the Banks, 
&c 181 

" 59. Form of a warrant on the Casual and Territorial 

Revenue by Sir P. Maitland, 182 

11 60. Remarks on Casual Revenue Accounts, 183 

" 61. King's College, 185 

" 62. Upper Canada College, ib. 

" 62(a) Address of House of Assembly relative to U. 
C. and King's College, with the reply of the Lieu- 
tenant Governor, 186 

" 63. District Funds, 187 

" 64. Toronto Hospital, 188 

" 65. Extracts from the official correspondence of Wil- 
liam Lyon Mackenzie, Esquire, with His Majes- 
ty's Government in England; with other documents, 188 
Minutes of proceedings of Central Committee of 
friends of Civil and Religious Liberty, appointing 
W. L. Mackenzie, Esquire, their Agent, ib. 

i! 66. Certificate of Committee appointed by the resolu- 
tions of 58 Township Meetiugs in U. C 189 

" 67. Certificate from Committee of Home and adjoin- 
ing Districts appointing W. L. Mackenzie, Esq., 
their Agent in England, ib. 

" 68. Indenture appointing W. L. Mackenzie, Esq. a 
Representative of the yeomanry of the County 
of York, 4th Feb'y, 1832, 100 

•' 63 (a) Letter from Morgan O'Connell, Esquire, M. P. 

to W. L. Mackenzie, Esquire, .' . ib. 

" 69. Letter, Lord Howick to Mr. Mackenzie, 23d June, 

1832, 191 

" 70. Letter, Lord Howick to Mr. Mackenzie. 29th June, 

1832, 192 

" 71. Note, Lord Howick to Mr. Mackenzie, 18th Aug., 

1832, 193 

" 72. Letter, Lord Howick to Mr. Mackenzie, 8th Sept., 

1832, 194 

It" J Notes from Lord Viscount Goderich to Mr. Mac- 
Jz' \ kcnzie, respecting an appointment, on 7lh No- 
H *g" j vember 1832, 195 

•* 77. Selections from Mr. Mackenzie's Letters to Vis- 
count Goderich, which were transmitted to Sir 
John Colbornc for publication in Upper Canada, 
together with His Lordship's Despatch of 8th P 



Table of Contents, 

PAG 

vember, 1832, ,- , 196 

A. — The Legislative Council, 19/ 

B. — The Legislative Council, ib, 

C— The Bank Influence, 196 

1). — Education, . 199 

E. — State Churches — Clergymen in the Council, 200 

F. — (Government Patronage, L. C ib. 

G. — Some Evidence of Colonial Misrule, 201 

H.~ -Colonial Officers, 607 

I. — Justices of" the Peace, . * 213 

K— Trade of the Canadas, 214 

L.— The Land Granting System, 216 

No. 78 Extracts from a return to an Address to the House 

of Commons, dated 18th July, 1333, - - - - ib. 
44 79. Despatch, Sir J. Colborne to Viscount Goderich, 

16th February, 1833, x 234 

44 80. Addresses of the Legislative Council and House of 
Assembly to Sir J. Colborne on Lord Goderich's 

Despatch of 8th November, 1832, 235 

44 81. Address to His Majesty from the Inhabitants of 

Lennox and Addington, -------- 244 

44 82. Address to His Majesty from the Inhabitants of 

Cobourg,. ------------- ib. 

44 83. 4i Upper Canada Legislature" — Return to an Ad- 
dress of the House of Commons, dated 6th Fe- 
bruary, 1833, viz. 245 

Letter from Sir J. Colborne to Lord Goderich, 

28th March, 1833, - - - 247 

Return of Members of the Legislative Council, 
Executive Council and House of Assembly, on 
1st July, 1832, with their Offices, Employment, 
Grants of Land, &c. held under the British or Co- 
lonial Governments, ---------- 248 

Titles of Bills of a Public Character which ori- 
ginated in the Assembly of Upper Canada, and 
were lost in the Council &c. for 10 years, - - - 258 
Ditto, ditto, for the last Two Sessions, - - - 272 
44 83. (a) Extract of Despatch from Sir John Colborne 

to Secretary Sir George Murray, ----- 277 

Proceedings in England with Acts of Colonial 
Legislature, ------------ 278 

44 84. Letter— Lord Howick to Mr. Mackenzie, 29th De- 
cember, 1832, ---- ib. 

41 85. Letter — Mr. Mackenzie to Lord Viscount Gode- 
rich, 9th January, 1833, - 279 

44 86. Letter — Mr. Mackenzie to Lord Viscount Gode- 
rich, 19th January, 1833, 286 

41 87. Letter — Lord Viscount Howick to Mr. Mackenzie, 

22nd January, 1833, 291 

44 88. Note— Lord Howick to Mr. Mackenzie, 7th March, 

1833, 293 

" 88 (a) Dismissal of the Crown Lawyers by His Majesty; 



Table of Contents. 

TAor 
Mr. Justice Boulton's explanation, despatches, & 
No. 89 Note—Mr. Earle to Mr. Mackenzie, !Wayl9th, 1833 299 
" 90. Note— Mr. Wickhamto Mr. Mackenzie* 14th May 

1833, ib. 

" 91. Letter — The Surveyor General to the Commit- 
tee, with his answers to certain questions, 300 

" 92. Message from Sir John Colborne, with returns of 
the Justices of the Peace, Commissioners of 
Courts of Requests, &c, and relative to the pow- 
ers of the Executive Council, ib. 

*' 92 (a) Statement relative to the Executive Councils,... 302 

" 93. Magistrates Western District, 303 

" 94. do. London do. 304 

" 95. do. Niagara do. 30G 

44 96, do. Gore do. 307 

" 97. do. Home do. 308 

• l 98. do. Newcastle do. 310 

" 99. do. Prince Edward do. 312 

" 100. do. Midland do. 313 

44 101. do. Johnstown do. - - - - 314 

M 102. do. Bathurst do. - - 315 

" 103. do. Eastern- do. 316 

*« 104. do. Ottawa do. 317 

" 105 Return of Commissioners of Courts of Requests, 318 
11 106 Letter — The Inspector General to Colonel Ro- 
wan, stating that Collectors of Customs are re- 
quired to attend to their duties, 17th Feb. 1835, - 333 
'* 107. Circular — The Inspector General, on Collectors 
of Customs attending to their duties, 4th Novem- 
ber, 1833, - ib. 

M 108. Schedule of Members of the House of Assembly 

who had situations given them, ------ 334 

'*' 109. Schedule of Members of the present House of 

Assembly holding office, and the offices so held . . 335 
" 110. Address of House of Assembly on Post Office, 
and reply, with Letter from the Deputy Post Mas- 
ter General at Quebec, to Col. Rowan, promising 

Returns required . • . , . 338 

i( 111. Indian Department 340 

41 112. Letter — Doctor Harris, Principal of Upper Canada 

College, with statements on Education, - - - 345 
14 113. Address of the House of Assembly, relative to 
the dismissal and reappointment of Mr. Solicitor 
General Hagerman, &c. -------- 35G 

** 114 Address of the House of Assembly in 1829, rela- 
tive to the imprisonment of Mr. Francis Collins, 
with the votes thereon ; answer thereto ; Mr. Justice 
Sherwood's Letter to the Lieutenant Governor; 
Memorial of Francis Collins ; answer thereto ; 
Resolutions of the House on His Excellency's 
Answer; Resolutions of the House on Collins' 
Case; Address to His Majesty thereon, - - - ib. 

Q3* The Report on Mr. Forsyth's rase, and copy of certain Bills re 
3 sated the Legislative Council are placed at the end of the volume. 



TNDEX 



TO THE 

SEVERAL MATTERS CONTAINED IN THIS VOLUME. 



N. B. — The Figures following the Names of 
the Witnesses refer to the numbers of the ques- 
tions in the evidence; where p.is prefixed, (thus,p. 
141,) to the paging generally; and where Roman 
numerals are used, (thus, xxm) to the paging 
in the 7th Report. A star added to the page, 
(thus 26*), shews that the report and evidence on 
William Forsyth's petition are referred to. 



Accounts. — Audit of the Public Accounts, xix Returns de- 
layed by the Government, xx Ought to be periodically re- 
quired in many cases by statute, xx All public accounts go 

to the Inspector General's Office for inspection, Turquand '429 

List of Accounts or Funds kept by Receiver General, p. 

Ill Pension Account, p. 122 Account of payments 

made to the Clergy, p. 132 & p. 138 Account of Expendi- 
ture in building Scotch Churches, p. 158 Account of Ex- 
penditure by Crown Land Commissioner and his Agents on 
Emigration, 1831 to 1834, p. 169 Roswell Mount's Ac- 
counts, p. 172- Accounts of the Colleges withheld, p. 185. 

Accountants, Public. — Their bonds are kept in the Receiver 
General's Office, and are sent to the Attorney General's office 
for prosecution in cases of defalcation, Turquand 431. 

Acts, Colonial, proceedings with, by the Secretary of State, Law 
Counsel, and King in Council, p. 278. 

Adamson, Hon. Peter. — Offices and public lands held bv him. 
250. 

Addresses to the King. — The Methodists request the Lieutenant 

Governor to convey their address to His Majesty, p. 150 

Extract from an Address against disallowing the Bank 

Charters, p. 181 —The Address of the Inhabitants of the 

Niagara District laid before His Majesty by Lord Godericb, p^ 



2 A P P [Tndrx 

Addresses to tlie King — continued. 

103 Addresses of Inhabitants of Lennox and Addington and 

of Cobourg returning thanks for Lord Goderich's Despatch, 

p. 244 The Address of the House of Assembly, praying 

that F. Collins may be liberated from jail, p. 371. 

Addresses to the Lieutenant Governor. — An address from the Me- 
thodists, 8th Sept. 1831, with his reply, pages 1.10 & 151 

Address reported by Com. on Grievances for information rela- 
tive to King's College, p. 18G his answer, p. 187 Ad- 

dress of Legislative Council in answer to Lord Goderich's 
despatch, p. 235 [for contents see "Legislative Council"] 
Address of House of Assembly in answer to the same, p. 243 

Address of do. on Post Office, p. 338 Address of do. 

earnestly entreating that F. Collins might be restored to his 
family, p. 357 — i — Address in favor of remuneration being gi- 
ven to Wm. Forsyth for the injury sustained by him during 
the Niagara Falls outrages, p. 26*. 

Adelaide — expenditure by government in the settlement of, p. 
173 the House of Commons address the King for infor- 
mation relative to the Niagara Falls outrages, p. iv*. 

Adjutant General of Militia. — The principal and the assistant 
paid salaries — one of them might be dispensed with, xin 
their salaries, p. 121. 

Administration of Justice. See Justice, Administration of. 

Advocate, The — Lord Goderich considers this newspaper a proof 
that the freedom of the press in its utmost latitude exist9 in. 
Upper Canada, p. 225. 

Agent. — A Provincial agent in England would be beneficial to 
the agricultural and commercial interests of Canada, Moore, 

77 would be advantageous as a check on hasty legislation, 

Wihon, 98 might check improvident legislation affecting 
colonial interests, Dunlop, 167. 

Alien Question, Lord Goderich's remarks relative to the, p. 225. 

AILin, Hon. Wm. — Official income, and public lauds granted to, 
p. 250. 

Aithorp, Lord Viscount, thanks Mr. Mackenzie for the infor- 
mation contained in his letter of 22nd \ugust, on Canadian 
affairs, p. 299. 

Appleton, Thomas. — Archdeacon Strachan ha3 no recollection of 
an unfavorable report emanating from the Executive Council 
oa his petition for his proportion of the public money as the 



Index.] B A L 2 

Appletoti, Thomas — continued. 

teacher of a common school in York, 541 h'vs petition to the 

King, forwarded per the July mail to Sir J. Colbome, Howick, 
p. 11)4. 

Arbitration Bill. — A Bill to provide good understanding among 
neighbours, and to lessen the number of expensive lawsuits by 
establishing courts of Pacification, passed in the Assembly and 
rejected by the Legislative Council, 1830, p. 267. 

Archdeacons of the Church of England— two were saddled on the 

Colonial Revenue, 1827 £147 paid by Adam Gordon for 

their patent, p. 1G4. » 

Ashburton, Lord, condemns the doctrine that persons accused of 
libel may be held to bail, with security for good behaviour, be- 
fore trial, p. 370. 

Assembly, House of. See House of Assembly. 

Attorney General ; the bonds of public accountants sent to hiss 
office for prosecution by the Receiver General in cases of de- 
falcation, Turquand 431 Fees, p. 188 See also Henry J. 

Boulton, Chief Justice Robi?ison, and Robert S> Jameson. 

Audit, Board of. See Board of Audit. 

B 

Baby, Hon. James. — Sheds tears when obliged to vole against his 
conscience, xxxvu. Income and lands granted to, p. 248. 

Baldwin, Hon. Augustus. — Lands granted to him, p. 250. 

Baldwin, W. W , examined: — Some years ago a committee of the 
inhabitants of the Home District, held a correspondence, through 
witness, as the chairman of a general meeting, and petitions 

were sent home, 606 witness delivered to the committee, 

three autograph letters addresed to him, one from the Right Hon. 
E. G. Stanley, another from Lord Goderich, and the third from 
Mr. Hume ; also an attested copy of the petition to His Majesty 
to which these letters had reference, 607. 

See letters and petition, page 95 to page 104. 

£f Ballot Bill, Leeds Election. — A Bill passed by the House of 
Assembly and rejected by the Legislative Council, to promote 
the freedom of Election in the County of Leeds, by introducing 
the vote by Ballot, with the votes of the members of the House 
of Assembly thereon, is placed the last article in this volume. 

Ballot, the vole by. Does uol know -a bettej way "to cheat the 



4 BEL [fan 

Ballot, the vole ty.— continued. 

public, Brown 350 nobody would ask for it but by gross igno- 
rance, Strachan 556 is opposed to it, Robinson 585 Bill 

to establish in elections, rejected by Legislative Council, 1835, 
p. 270. 

Banks and Banking. — The system in use injurious, Wilson, 104 f 

Serjeant Spankie and Sir John Campbell are of opinion that the 
CanadaCompany'sCharterdoes not includeBanking powers, Dun- 

Inp 192 a private Bank kept at Goderich, VanEgmond 215 

there are many actions at the instance of Banks, three actions and 

three bills of costs often for one debt, Brown 338 Banks are 

safe places for public deposits, Dunn 406 Lower Canada 

Bank Notes circulate generally in Glengarry, Chisholm 237 

thinks the Commercial Bank Notes circulate most a3 he gets 

most of them, Dunn 420 Comraereial Bank Notes circulate 

most in Gore, Durand 469 three lawsuits and £30 costs 

charged to a Waterloo Farmer on the balance of a note of j£50 

discounted by the Bank of Upper Canada, Pannebacker 593 

Extract from an address of the House of Assembly to the King, 

on the anticipated disallowance of the Bank Acts, p. 181 

The influence of the Bank of Upper Canada % its refusal to sub- 
mit its accounts to the House ot Assembly, Mackenzie, p. 198 

Bill to enable the Receiver General to issue Bank Notes charge- 
ble on the public rejected by the Legislative Council, 1S33, p. 
271 — —Bill to Incorporate the Commercial Bank at Kingston, 
rejected in the Legislative Council, ^1830, p. 267 Again re- 
jected bv the same, 1831, p. 268 Bill to incorporate the Bank 

of the Niagara District (St. Catharines), rejected by the Legis- 
lative Council, 1833, p. 271 again rejected by the same, 1835, 

p. 275 Bill to Incorporate the Gore District Bank, rejected 

by the Legislative Council, 1833, p. 272. 

Baptists, receive no money from government for their religious 
services, xiv. 

Baling, F. 2 T ., M. P., report by, on management of the public re- 
venue, p. 176. 

Bath Academy. The Legislative Council throw out a bill for a 

grant -of money to encourage Education at the Scss. 1835, 

p. 275. 

Barhmst District. List of Justices of the Peace, p. 315, and of 
Commissioners of the Courts of Requests, p. 321. 

BayncSi Thomas, explains an omisssion in the Blue Book with re- 
gard to his office and income, 597. 
See page 115 aud m 

. Jchn> Salary, &c. 115 
B '', Rev. Wm. % salary, p. lOo- — do. p. 139. 



Index] BOA 5 

Berczy, William, votes for returning 1 Lord Goderich's Despatch 

XL1 v office hold by, p. 25*2 2400 acres of the public lands 

granted to, p. '253. 

Bethune, J. G. Expenditure on Emigrant?, p. 170. 

Bills, passed by several Assemblies for the redress of grievances 
but rejected by the government and its officers, p. 283. 

Bills, Titles of— rojected by the Legislative Council during the 
last twelve years, p. 258 to p. 277. 

0^7=" BILLS are placed at the end of the volume, which the 
House of Assembly passed, and the Legislative Council rejected, 
viz : 

1. A Bill to amend the Charter of King's College, with the votes of 
the House of Assembly thereon. 

2. A Bill to promote Education ; with the votes of the House of 
Assembly thereon. 

3. A Bill to promote the freedom of Election in the county of 
Leeds, and to enable the Electors to vote by Ballot, with the 
votes of the House of Assembly thereon. 

Billings, F. T. Expenditure on emigrants per. p. 170, 171. 

Bishop of Quebec, Catholic. See Roman Catholic Bishop of Quebec. 

Bishop of Quebec, Protestant. See Qntbec, Right Rev. C. J. Ste- 
wart, Bishop of. 

Blue Booh, or official return of Salaries, tf-c. Copies of the Blue 
Book asked for by the House of Assembly, for 1824 to 1832 ; 

the request not complied with by Sir J. Colborne, x The Blue 

Book was made up at the Secretary's office; that officer is an- 
swerable for its correctness, Rowan 43 — Errors in, explained- 

Rowan 45 to 52- referred to by Lord Goderich as a proof of 

the smallness of the salaries of official servants, p. 228. 

Board of Audit. — A Provincial Board (o be regulated by Law re- 
commended to be instituted, as a means of saving many thou- 
sands of pounds to the Colony, xix the Executive Council 

have acted as a Board of Audit in certain cases, Robinson 592 
the establishment of a general Board might be advantage- 
ous, Robinson, 593 imperfect manner in which the Executive 

Council audit accounts, p. 174. 

Board of Education.*— Suppressed on an address of the House of 

Assembly, Sirachan 536 An account of the receipts and 

payments by the general Board of Education, p. 186. 
3 



6 BRO [Index. 

BosuyM, Hon. Waller, — His income and land grants from govern- 
ment, p. 250. 

Boutton, Mr. Justice, — His pension, 6 years, .€3,330, p. 122. 

Bimlton, George S., M. P. P. — His opinion respecting polling- 
places for Durham, p. 65 Return of office and grant of land, 

p. 252 -nature of his duties as Registrar, p. 335. 

BnuUon, Henry John, (late Attorney Gen'l, since Chief Justice of 
Newfoundland) — His excuse for not having obeyed the orders of 

the government relative to the expulsion of a member, xxxii 

His re-appointrnentto office under the British Government creat- 
ed great distrust in Upper Canada xxxiii votes for returning 

Lord Goderich's Despatch, xliv votes for Mr. Mackenzie's 

expulsions against the law of the land, xlv return of offices 

and land grants, by, p. 252 Mr. Mackenzie complains to 

Lord Goderich that the Law Officers of the Crown had been em- 
ployed in organizing meetings to agitate this Province for the 
dismemberment of the other, p. 286 Mr. Mackenzie com- 
plains to the British Government of the conduct of the Crown 

Lawyers Mr. Boulton announces that he had been dismissed 

in a letter to Mr. Gurnett, of the Courier, dated 30th April, 1833, 
p. 294 — —Col. Rowan encloses to Mr. Boulton the order of the 
Secretary of State for his dismissal, p. 295, for differing in 
opinion from His Majesty's Government on questions of great 
political importance, for their opposition to the policy which His 
Majesty has been advised to pursue, and for impeding the mea- 
sures of his government, Despatch, p. 295 Letter to Colonel 

Rowan enquiring why he had been discharged, with the answer, 
that Sir J. Colborne concluded it must have been for opposing 
Jic constitutional views of the government, with respect to Mr. 

Mackenzie's expulsions, p. 296 his letter to Sir P. Maitland, 

tating his recollection of the circumstances under which Clark 
- Street obtained a lease of a part of the Military Reserve, at 
e Niagara Falls, p. 24.* 

ing, Dr., M. P. — His report on the excellent effects of the 
i of book-keeping by double entry, introduced into the French 
Treasury, quoted pp. 177 and 179. 

Bridges. — See Roads and Bridges. 

am, Colonel Bela Brewster. — Certifies to the prices of team- 
ing, p. 174 endorses on accounts that the services were per- 
formed and the charges just attests to the labourers' signa- 

- — avowed 7--. 6d. per day as an assistant superintendant 
to Col. Mount, p. 175. 

'■■Vesleyan Methodist Conference. — See Methodists. 

Brock, Sir Isaac, — Appointed Senior Member of the Executive 
Council as the senior officer commanding the troops, to enable 



Index. J C A L 7 

Brock, Sir Isaac — continued. 
him to succeed to the civil administration of the government, p. 
302. 

Brougham, Lore?,— presents two addresses from U. C. to the King, 
p. 282. 

Brown, John, M. P. P., (Analysis of his Evidence.)— Has seen 
ho parliality exercised in the selection of Justices of the Peace, 

322 thinks the common 6cliools in the Newcastle District 

ndther sufficiently numerous nor efficient, 323 Grimes' Inn 

and Cottingbam's Mills, good polling places for Durham, 324 

is for a union of Church and State and the supremacy of the 

Church of England, 327 has no idea of giving the Church 

one-seventh of Upper Canada, but would give a respectable 

maintenance out of the Reserves, 328 is perfectly satisfied 

with the government as it is, 329 is in favour of the law of 

primogeniture, 334 considers the Canada Company to have 

been a great injury to the country, 335 there are many ac- 
tions at the instance of Banks, and three Bills of costs often in- 
curred for one debt, 338- thinks the Provinces ought to be 

united, 345 does not know a better way to cheat the public 

than by Ballot, 350. 

Bruce, Dr. William, M. P. P. — Recommends a polling place for 
Storm ont, p. 62. 

Buell, William, (Analysis of his evidence.) — The common schools 
not sufficiently numerous and efficient in the Johnstown District, 

351 thinks the last Leeds Election was held at an improper 

place, 352 Justices of the Peace are appointed in the Johns- 
town District mostly from men whose opinions accord with the 
views of the Executive, 354 — witness' father was a member of 
the Assembly, and witness had represented Leeds in two Parlia- 
ments, and had recommended proper persons to be appointed as 
Justices of the Peace, which Sir John Colborne did not attend to, 

363 the taxes now entrusted to the care of the justices would 

be better managed by persons selected by the freeholders, 364 

the irresponsible character ot the government, a great difficulty, 

378 thinks that the House <jf Assembly have no real check 

to prevent Executive usurpations of popular rights, 383 is in 

favour of the Bill for the more equal division of Intestate Estates 
and of the vote by Ballot, 385,390. 

Burnham, Hon. Zacckeus, His office of Treasurer of the New- 
castle District, omitted by His Excellency to be returned to Eng- 
land, Rowan 45 — -public lands granted to, p. 250. 

Bunocll, MaMon, — Votes for returning Lord Goderich's Despatch, 

xliv offices held by, p. 252 5,200 acres of the public lands 

granted to, 253. 

c. 

Caldwell, Francis, M. P. P., recommends Sandwich as a fit pol- 
• ling place for Essex, p. 66 — -his income as Collector of Cus- 
toms at Amherstburgb, p. 118. 



8 C1IA ;.tx 

Cameron, Hon. Duncan. His Income, ix — erroneous statement bv, 

in Blue Book, 1830, Rowan 48 sends Blue Book, 

1831to Committee on Grievances, p. 106 Income p. 115 

Payments made him since 1827, £8,624, p. 127 bit 

turn of offices and grants of land made to him, p. 2 . 

CampbtUt Sir William, his pension, \\ year?, £5,939, p. 132 

return of his offices and grants of and, p. 250. 

i 
Campbell, Widow, £30S transmitted by Receiver General, from 
Colonial Revenue, to England, to pay her pension, p. 1 

Canada Company, one o f the greatest corses ever entailed upon the 

Province, Moore 68 their reserves escape taxation, Wilson 

89 are an injury to the colonists, (; L31 inj 

to the country because the money paid them by the sellers is 
taken from the sums they had saved to improve their farms. 

Chisholm 275 a zre: try, Brown 335 

will do great injury by draining the colony of money to send to 
England, Durand 473. 
See also the evidence of William Dmihp, E^q., pages 22 to 26 ; 
and of Co[ond Van Egmond, pages 2G and 27. 

Canada, Lower. See Lower Canada. 

Canadian Weshyan Methodists. See Methodists. 

Canals, Provincia grants to, imperfectly accounted for, xix. 

Carradoc, exnenditure in miking roads and settling emigrants in, 
p. 173. 

Castlereagh, Lord, extracts of letters from, to Governor Gore, au- 
thorising the appointment of John McGUl, Prideaux Selby, and 
W. D. Powell, as executive councillors, p. 303. 

Casual and Territorial Revenue. See Revenue. 

Catholics. See Roman Catholics. 

Central Committee of Friends of Civil and Religious Liberty, their 
resolution authorising W. L. Mackenzie to act as an agent for 
the petitioners whose memorials Mr. George Ryerson had car- 
ried to London, p. 183. 

Chapels to Dissenters — grant in aid of etectinsr these places of wor- 
ship to be reduced from £4,200 to £\L ,000 ; despatch from Co- 
lonial Secretary, 1534, p. 130. 

Chaplain of Assembly's Salary Repeal Bill, rejected by Legislative 

Council, J 830, p. 2'66; and* again, 1832, p. 2G9. It involves 

the whole merits of the claims of 24,500 petitioners to be reliev- 
ed from the undue interference of the Government in mi 
of religion, Mackenzie, p. 285. 



NPEX.] C tlR 

Charter of . A copy is placed at the end of the re- 

ports, and paged .v. b, c, d, b, :\ o, 

raj a 

pension ai:d with th ; Btrarof the Surrogate Court, 

x. his fees and pension, p. 121 and p. 123. See also S. P. 

JlrrJ. 

Chief Justice, (he, must, as a judge, be led too deeply into the po- 
litical affairs of the colony, if he s ; ould retain his seat in the 

Executive Council, QoWorne, p. 277. It is not intended that 

the Chief Justice should continue a member of the Execu'ive 
Council ; Sir G t Murray, p. 277. 

Chisholm, Colonel Alexander, M. P. P. (Analysis of his evidence.) 

is not aware tl stiees of the peace in the Eastern 

District are appointed v snee to their political opinions, 
235 it is probable as many Lower Canada bank notes circu- 
late in Glengarry as any others, '237. the roads are bad, 233, 

the schools are numerous, efficient, 239- the two 

ivost central polling places forGlengarry are Williamstown and 
Alexandria, 241 — witness is inimical to the payment of the clergy 

of a variety of religions by the state, 243 understands that 

£100 is al owed by Government for each of four schoolmasters 

brought into the country by Bishop McDonell, 247 Although 

a Catholic, has never seen the accounts of the expenditure of 

the church at St. Raphaels, 250 the Catholic clergy exact 

Tythes in Glengarry under the authority of the old French Law, 

252 very few members of Church of Eigland m Glengarry, 

but 33,000 acres set apart for their clergy, 253 Glengarry 

about equally divided between Catholics and Presbyterians, 251; 
has heard of persons signing notes for £23 towards building 
Bishop McDonell's church, and known of their cattle, cows and 
chattel property having been sod to pay their subscriptions, 

253 -£25 was the general average demanded towards paying 

for the building of the church, 232 the rate of taxing rateable 

estate does not afford just ground of complaint, 234 the wild 

lands should beat the disposal of the Legislature, 253 if the 

Legislature and Executive would pull one way it would be best, 

369 is opposed to the law of primogeniture, 273- thinks 

the Canada Company injurious, because the money paid them 
by the settler is taken from the stock which would have improv- 
ed hi3 firm, 275 population and territory the proper basis of 

representation, 282 thinks t.iat juries are impartially sum" 

moned in Glengarry, 233 is favorable to the vote by ballot' 

2S7. 

Chisholm, Colonel William. Offices held by, p. 117 £1,341 

expended by, as an emigrant agent, 170. 

Christie's, Robert, Expulsion. The difference shewn between it 
and Mr. Mackenzie's with respect to the action of the British 
Government, p. 203. 



10 CLE [Index 

Church of England. £27321 paid by Government to, during 
last three years, xvr. Glebes given to, xvni. the Cana- 
dians should be extremely cautious of the encroachments of this 

church to any thing like a dominant religion, Hume, p. 98 

appropriation for clergy of, p. 132 Ditto, p. 133 List of 

clergy of this church in 1833, and the half yearly payments to, 

from funds of Province, p. 135 Payments from England to 

church clergy in 1832 and 1883 (since discontinued) p. 141 

Lord Howick's letter recommending the discontinuance of grants 

from England to Bishops and clergy in America, p. 142 Lord 

Howick's letter of 18th January, 1832, expressing his opinion 
that the colonies ought to provide for their own clergy, 142. . . 
list of clergy and payments to, in U. C, 1st January 
1834, 144. .. .list of clergy, and half-yearly payments to, 1st 

July 1834, p. 145 list of Missionaries of Church, &c. and 

payment to, 1st January 1835, p. 14G. .. .pensions to retired 
Missionaries, 147. . . .widows' pensions, 148. . . .payments to, 

1833 and 1834, p. 163 and 164 table of clergy, with their 

missions and congregations, 165. .. .His Majesty's Government 
do not wish that an undue preference should be shewn to the 
preachers of, 223. 

Church of Rome. See " Roman Catholics." 

Church of Scotland. See "Scotland, Church of." 

Civil Government. See Government. 

Civil List. — Sir J. Colborne conceals from the Assembly the terms 
of a proposition by the King for a further provision for the civil 
list, XLII. 

Clark $■ Street, claim the disputed property at the Falls of Niaga- 
ra, respecting which the outrage had its origin ; the Attorney 
General considers their claim an unrighteous one, Jameson, p. 

3* the circumstances under which they obtained a lease of 

part of the Military Reserve, near the Falls of Niagara, p. 24*. 

Clark, Hon. Thomas. — his evidence of the subservient character of 

the Legislative Council, xxxvn his return of 2414£ acres, 

granted him by government, p. 248 referred to by the Chief 

Justice, relative to \V. Forsyth's petition, in as far as it affected 
his personal character, p. 11*. 

Clerk, Legislative Council. See Grant Powell. 

Clergy Corporation, its institution is legal, Strachan 560. 

Clergy of Upper Canada. — Paid by government, £40,141 in three 
years," p. 129 Receiver General's detailed accounts of pay- 
ments to, p. 132 to p. 134— and p. 138 to p. 140 corres- 
pondence between the Colonial Office and Treasury, relative t© 
British N. A. Clergy, p. 11?, p. 143 and 144. 



Index.] COL 11 

Clergy Reserves. — 33,000 acres set apart for the clergy of th 
Church of England in Glengarry ; few if any members of tlrat 

church there, Cliishohn, 253 General Brown thought the 

Crown and Clergy Reserves would have compensated the Ame- 
ricans for the expense incurred in the invasion of Canada, Mac- 
micking 437 The proceeds of sales of, are remitted to Eng- 
land and placed in the funds, Robinson 595 payments from 

in 1833, £8,032. 

Clergy Reserves Sale Bill. — Bill to dispose of a part of the clergy 
reserves for the education of youth, passed the Assembly and 

rejected by the Legisiative Council, 1827, p. 261 passed and 

rejected by the same bodies, 1829, p. 264 and again, 1830, p. 

266 and again, 1833, p. 273 and again, 1835, p. 274. 

Clerk, House of Assembly. See James Fitzgibbon. 

Clerk of the Crown. — Income of this officer extravagant, xn 

See p. 119. 

Clerks of the Peace, their incomes, p. 119. 

Cobourg, 596 inhabitants of, thank His Majesty for Lord Goder- 
ich's Despatch, p. 244. 

Coffin, Nathaniel — his offices and income, p. 121 For particulars 

of his arrest and imprisonment by order of the Assembly, see 
Givens 6f Coffin, Colonels. 

Colborne, Sir Joan. — His salary, viii declines to comply with 

the request of the House of Assembly for copies of the Blue 

Book for 1824, &c. rebukes the Methodist Preachers xvi — 

refuses the request of the House of Assembly, that he would re- 
mit the residue of the punishment awarded to F. Collins, for a 

libel on Mr. Attorney General Robinson xxi releases the 

Farmersville rioters xxi disregards the views of the House 

of Assembly in the matter of the Leeds election xxi refuses 

to inform the House of Assembly why the Crown Lawyers had 

been dismissed and recalled xxxi his declaration on that 

subject directly contradicted by Mr. Hagerman xxxn states 

his opinion that the Legislative Council lacked independence 
xxxv, xxxvi the House of Assembly express dissatisfac- 
tion with the conduct of the Executive Council ; Sir J. Col- 
borne's administration disappoints the people, and affords an op- 
portunity for the accumulation of abuses xli confidence can- 
not exist between the Executive and the Assembly while those 
who have long lost the esteem of the country are continued in 

the public offices and councils XLir submits a proposition to 

the Assembly for a further provision for the civil list, but con- 
ceals the liberal terms proposed by the King xlii while the 

Assembly provide for the support of the civil government, it is a 
reasonable request, that the Lieutenant Governor and those 
about him should possess the public confidence xlvii inti- 
mates to Archdeacon Strachan, that his services in the two 



12 COL [Index 

ColLcrnc, Sir John — continued. 

Councils could be di?penscd with, O'G.'ady 13 memoraliz- 

ed to no purpose by the Catholics of Toronto respecting the al- 

ledged peculations of Bishop McDonell, O'Grady 223 did 

not attend to a recommendation respecting persons fit to be Jus- 
tices of the Peace, Buell 363 writes to Bishop McDonell re- 
commending Dr. O'Grady's claims, p. 59 to be paid an addi- 
tional salary of £'300, by the authority of the Lords of the Trea- 
sury (out of Canadian Revenue) besides £2000 and £1000 ster- 
ling-, of previous salaries, Turquand 425 salary, p. .114 his 

income in 1834, £5,631, p. 126 address cfthe Methodists, 

Sept. 8th, 1831, and his reply, p. 151 there appears to have 

been ample time afforded to send the King's College and Upper 
Canada College accounts?, had government been disposed to 
comply with the address of the House of Assembly, p. 185. 

The government supplied itself with the public money 
regardless of the remonstrances of the House of Assem- 
bly, and refused to tell to what purpose it had applied the re- 
venue, Mackenzie, p. 197 Address of the House of Assem- 
bly to, Jan'y 1829, praying against evil advisers and a suspici- 
ous administration of justice, p. 206. 

Extracts from a memoir, registered in the Colonial Office, 
as 3019, Upper Canada, p. 2'J7 what his excellency's suc- 
cessor ought to be; disregards the views of the House of As- 
sembly, p. 212 Lord Goderich's despatch of 8th Nov'r. 

1832, to, p. 217 the acknowledgment of it, p. 234, with 

certain addresses in reply, pages 235, 243 & 244 Despatch 

to Viscount Goderich, 28th March, 1333, with returns moved 
for by Mr. Hume, p. 247 Letter to Sir Geo. Murray, stat- 
ing the defects that existed in the Legislative and Executive 

Councils, 16th Feb'y 1829 10,000 persons in Upper Canada 

petition the House of Commons for an enquiry into the con- 
duct of, p. 282 communicates a despatch from Lord Gode- 
rich to II. J. Bouiton, Esq. authorizing his dismissal from the 

Attorney Generalship, p. 293 states his understanding as 

to the cause of the dismission of the crown lawyers, p. 296 

message from, to the House of Assembly, in answer to 

questions contained in an address reported by the Committed 
on Grievances, relative to the Justices of the Peace, the 
Courts of Request, the offices held by members of the As- 
sembly and the duties of the executive council, p. 300. 

The Assembly address his excellency for copies of his cor- 
respondence with His Majesty's government, relative to Mr. 
Mackenzie's expulsions, and relative to the removal and rein- 
statement in office of the crown lawyers, and the appointment 
of Mr. Jameson : he declines to comply with their request, un- 
less it were sanctioned by the British government, p. 356 

the Assembly address his excellency " earnestly entreating*' 
him to remit the sentence passed on Francis Collins and to re- 
store him to his family, p. 058 he replies that he regrets 

that the Assembly should have asked him to do an act which 
the obligation he is under to support the laws and his duty to 



.i.vdlx.] (j or. 13 

Coiborne, Sir Joint. — continued. 

■ociety forbade him to comply with, rind transmits Judge Sher- 
wood's notes on a petition of Francis Collins to him, p. #58 

l\ Colfins's memorial, j>. 360 answer of his excellency, p. 

360 The Assembly censure him for his indecorous message 

and the unjust imputations it conveyed against them, p. '361 

Despatch to Lord Godorieh, with papers relative to the 

Niagara Falls Outrages, p. -1* Sir Ceo. Murray's letter to, 

with his opinion of Sir P. Maitland's conduct in the matters of 
Colonels Coffin and Givens, and W. Forsyth, p. 20* Ad- 
dress to, from the Assembly in favor of W. Forsyth, and his 
reply that he could not favorably recommend it to His Majesty's 
government, p. 26*. 

Collection of the Revenue. See- Revenue. Collectors of Customs. 

Collectors of Customs. — The absurd system under which they 
are remunerated adverted to, xn Incomes of the Collec- 
tors, p. 117 & 118 Circular, with instructions from the In- 
spector General, that it will not be in the power of the lieute- 
nant governor to continue any collector of customs in office 
who docs not reside at his port and perform the duties, p. 333. 

is, Fronds, (Printer, York.)— The House of Assembly 
M earnestly entreat" Sir John Coiborne to releaserCoilins, who 
was confined in prison for an all edged libel £g,ajuk Attorney 
General (now C. J.) Robinson, Jp. 357 -hjs excellency re- 
fuses to comply, p. 358 Judge Sherwood lays dojyn a rule 

for enforcing ar^PJlaictive punishnienCjAp. 359 ulr.. Co'lins's 

memorial to Sir «!. Coiborne, with, the reply, p. 3(>0—^~— Reso- 
lutions passed by the Assembly, teprToviug'Su. J. Coiborne for 
the unjust imputations conveyed against the House hyvhi's an- 
swer, p. 361 Resolutions in favor' of Mr. Collins, p. 36&, 

&e. Address to His Majesty on his behalf, p v JJ71. 

Colonial Governors — the British bestow too little 'care in the se- 
loction of them, xli— — -Income, amount of, since 1827, £$$,- 
524, p. 126- the situation of a Lt. Governor* of U. C. des- 
cribed, Mackenzie, p. 208 his duty, p. 209. 

See^'f&so, Sir John Coiborne. Sir Peregrine Mciiitand. J^ie'dc- 
nant Govcnwr Simcoe. Lieutenant Governor Gore. Colonel 
Smith. 

Colonial Ojftce. — No account, of the details of the expenditure of 
the public revenue, on Method st, Protestant Episcopal, Pres- 
byterian and Roman Catholic clcrgvmcn, sent to ihe Colonial 

Office in 1832, 1833 & 1834, xv- The interference of a 

succession of colonial ministers in the affa i r s of the Canadas a 

great injury, xxxix- protested against by the House of As- 

nbly m an address tn the Jiing^ p. J 8 1-— ^-iU. proe ceilings i in 
1829, pages 20(5 & 207. 

4 



14 CO 1/ [Index 

C lonits. — Upper Canada unhappily subjected* to tlic injurious 
interference of a succession of strangers 4C00 miles off (in the 
colonial office) in her domestic ai'fairs. Such interference felt 
to be intolerable, axxix. 

Committee on Grievances, their report. See Reports on Grie- 
vances. 

Committee on the Niagara Falls Outrage. — Consisted of Messrs. 
John Rolph, Capt. Matthews, Beardsley, Lefferty, and Randall 

— extract from their report, p. iv*. Chief Justice Robinson's 

remarks relative to this committee, pages 8-% 10* 11* A 

gross attack made upon them in a secret despatch of Sir P. 
Maitland to Mr. Huskisson, p. 13* to p. 17* Further re- 
marks on the proceedings of the Committee by Sir P. Miit- 
land, pages 22* & 23* Mr. boulron states that the Com- 
mittee reported on a petition complaining of pretended injuries 
sustained, p. 25*. 

Commissioners' 1 Bill. — Sec Lower Canada. 
Commons, House of. See House of Commons, 

Common Schools, inefficient in Prince Edward, Wilson 118 

not sufficiently numerous and efficient ; the New England 

mode the best for Upper Canada, Dunlop 174 numerous 

but not efficient in Glengarry, Chisholm 2li) neither nu- 
merous nor efficient in the Western District; the sale of th? 
Clergy Reserves would afford a fund for their improvement, 

Angus McDonell, 306 neither numerous nor efficient in 

the Newcastle District, Brown 323— not sufficiently nume- 
rous and efficient in the Johnstown District, Buell 351 Ditto 

in the District of Gore, BuranJ 472. 

See also Roman Catholic Schooh. 

Congregatiojialhls receive no pay from the government for their 
Ministers, xiv. 

Constitutional checks en Kingly or Aristocratic Encroachments 
in England, xxxnr not to be found mil. Canada, xxxiv. 

Cornwall, Nathan, M. P.P. recommends Chatham as a fit polling 

place for Kent, p. 63. 
> 
Ccuity Courts* Bill to Establish, rejected by Legislative Council. 

1827, p. 262. 

Courier of Upper Canada. — Mr. Boulton encloses to Mr. Gur- 
netf, the editor, copy of Lord Godcrich's Despatch, ordering 
the Crown Lawyers to be dismissed, for having " promoted 
the repeated expulsion of n member of the Assembly, alt ho-' 
the constitutional objections to that course had been made 



I.VDF.X.] cro i;> 

Courier of Upjfer Canada — continued. 

known" to the executive by His Majesty's Government, together 
with his correspondence with ilie local government on that 
subject, and stales that he had been for 10 years a law officer of 

the crown, j). 25)4 A violent and abusive commentary by 

the Editor, in which lie states that the minds of all the well 
affected people in the country begin to be unhinged, their affect- 
ions are already more than half alienated from the British Go- 
vernment, and they already begin to cast about in their mind's 
eye, for some new political stale of existence, p. 29G. 

Courts of Requests. — A Bill to extend the jurisdiction of, and to 
allow the parties the right to a trial by jury, where either par- 
ty desire it ; passed the Assembly and was thrown out and re- 
jected by the Legislative Council in the .Session of 1835, p. 

275 The Commissioners are appointed in a manner directed 

by sec. 2. 3rd William 4. ch. I., p. 300 A return of the Com- 
missioners, with the dates of their appointment, p. 318— — for 

the Eastern District, p. 318 Ottawa District, p. 320 

Johnstown District, p. 320 -Bathurst District, p. 321 

Midland District, p. 323 Prince Edward District, p. 323 

Newcastle District, p. 324 Home District, p. 326 

Gore District, p. 327 .... Niagara District, p. 329. . . . London 
District, p. 330 Western District, p. 331. 

Craig, Sir James Henry, the Prince Regent's instruction ap- 
pointing an Executive Council, p. 302. 

Crir&inal Prosecutions. — The Crown Officers exercise an excln- 
siva rrght to conduct criminal prosecutions at the Courts of 
Oyer and Terminer and General Jail Delivery — report of com- 
mittee to H. of A. p. 204. 

C rev 1st, Rev. Mr., sent to Lake Simcpe to rescue the Indians from 
*he fangs of the Yankee Methodists, p. 33. 

Crooks, Hon. James. 2371£ acres granted to him by the govern- 
ment, p. 250. 

Ciookshaiilc the Hon. George., income and land grants to, p. 248. 

Crown. Patronage of the Crown in Upper Canada, in Checks 

on arbitrary power in England, xxxlii. 

Crown Lands, would have compensated the Americans in part 
for the expense they incurred in the invasion of Canada, Mc- 
Micking 437. . . .on emigrants settling on, p. 170 to p. 175. 

Crown Lands Office, salary of Commissioner, p. 114 of Lis 

clerks, p. 115 of agents, p. 121 Income of agents, pages 

171, 172 His Majesty, on Lord Goderich's recommendation, 

had stopt their gratuitous distribution, p. 224. 



16 DIC * [fvoux 

Crown Lawyers, the, (Messrs. Boulton and Hagerman.) w 
returning Lord Goderich's Despatch, iliv exerefse in ex- 
clusive right to conduct criminal prosecutions at the courts of 
oyer and terminer and gem ral jail delivery, report to H. of I 

204 Account of their dismissal from offiee, and the ca 

p. 394 to p. 239 both the crown officers (Messrs. Robinson 

and Boulton} were engaged in defending the prisons guilty 
of the outrage upon .Mr. Forsyth's premises al the Niagara Falls, 
Com. of Assemlly, p. iv*. 

Crown Office — A f?riovancc of magnitude xn the Judges have 

the power, to remedy the evil by diminishing the tors xm. 

Cultivated Lands in 18:34, p. 109 in 1833, p. 110. 

!>. 

Dalian Tkomas. — ( Analysis of Jos evidence.-) — Is !he proprietor of 
tha "Patriot," 309 — paid more postage than Mr. Staynerhai 
returned to the British Government 311 — thinks the return of-50 
papers to the Kingston Chronicle incorrect, 313 — thinks lot' 
postage r.\'rs between Canada and England enormous, 315 
would recommend on3 halfpenny a shoot postage, civ. Hi 
t;o:i in the case of F. Collins, p. 350. 



t.er 
5 — 



DeM, Provincial, was £180,500 currency and £176,600 sterling on 
13th of January, 1835, Dunn 421— -the amount of outstanding 
debts due to the provincial government not known in Receiver 
General's Office, Tur.quand 420 — btlleves that it is rho duty of 
the Inspector General to keep an account of such debt-, 
Tarquetnd 4 .7. 

Defamation of the character of Mr. Ro!ph and others by Chief 
Justice Robinson, in a secret report to His Majesty's Govern- 
ment p. 204. 

Despatches are not enreg'istered in any way, Rowan 28 Sir 

Jiohn Colborrie rofuses to lay before the House of Assembly the 
correspondence of the Colonial Executive with the British Gov- 
ernment relative to the dismissal and re-appointment to offices of 
Messrs. Boulton and Hagertran, the expulsions of Mr. Macken- 
zie, arid the nomination of Mr. Jameson to the office of Attorney 

General, without the sanction of the Colonial Office, p. ^50 

" It has of late years grown into a practice to submit the official 
correspondence had with the Colonial Office to the Legislatures 
of the Colonies, if called for by them, unreservedly". ... Des- 
patch, Sir P. Mailland, Governor of Novascoiia, to Lord Stanley, 
London 2Ath Jane, 1833, p. 23. * See also, Viscount Godtrich. 
Sir J. Colbornc. Right Hon. E. G. (now Lord) Stanley. Sir 
Geo¥gt Murray. Sir P. Maitland. Sir Geotge Prevost, flight 
Hurt. \V. Huskisson. Lord Castlereagh. 

Dickson, JTon. W'uliam, member of the Legislative Council, gives 
evidence of the subservience of that body to the Executive, 
xxxvn . . . grants of land to, p. 249. 



K;>Ex.] o i N i^r 

Lawyers. See Crovrn Lawyers. Htnry 
John i I I 0?i. 

Tl e pTW»l for building their Chapels to he reduced 
n C4,200 to £2000, p. 130.... See also Col. Rowan's letter. 
p. 129. 

Fe^s to the clerks too high xn Jonas Jones 

a judge of three districts, holding other offices, xni— ^ — Incomes 

of the Jud res, see page 116 to page 120 For incomes of 

Clerks of the District Court, see pages 119 & 120. 

Distrie' Funds. Direct District Taxation, 1S33, £18.441 7 do. 
1834, £13,671 ; also wild lands assessment rates, p. 1S7. 

District Schools, in most case? n nuisance, A. McDondl 3U7 

Salaries of the Masters, p. 119. 

District Treasurer?, £740 oC pnr centage paid to twelve ; (heir ap- 
pointment is in the justices of the several districts, p. 187. 

Dunlop, William. (Analysis of his Evidence.) £100 the ori- 
ginal nominal value of a share in the Canada Company, 159 

£17 10s. per share have been paid up. 161 the shares sell in 

London at £42; were once at £53, 162 thinks the bill for 

a more equal division of Intestate Estates a Iwl measure, 163 — 
thinks that an Elective LegislativeCouncil would make us a repub- 
lic, 164 pensions to Judges should be regulated by Law, 165 — ■ 

thinks the Governor should appoint the Postmaster General, and 
that his accounts should be audited like those of o'her public 

officers, 163 is in favor of having an Agent in England as a 

means of checking hasty legislation there affecting colonial in- 
terests, 267 thinks the legislature have shewn their incapa- 
city of managing revenue matters, a? for instance the Welland 

and St. Lawrence Canals, 169 does not consider the waste 

lands of the crown to be public land, but in possess ; on of tho 

Crown, as much as Windsor Park, 170 the public revenue 

ht to be appropriated only according to law, 171 No Ca- 
nada Company's Settler has ever been ejected from a lot, 173 — 
the Common Schools are not sufficiently numerous and efficient; 
recommends the New England system of taxing all for the sup- 
port of schools and compelling parents to send their children to 
school, 174. . . .believes high pos f sge rates on letters to be bur- 
thensome and injurious to trade, 135. . . .believes that the Cana- 
di Company was formed for the express purpose of paying the 
War Losses, 177. ... is opposed to partial payments from the 
public revenue to uphold certain religious sectsl78 and in favor of 
a government responsible to public opinion, 180 — the Company's 
Jsin the Huron Tract are selling at 8s. 9d. to 15s., 1S1— 
that fr*ct liable to be taxed, but the Crown Reserves are not lia- 
ble, 152. .. .a Crown Reserve liable to be taxed the moment a 
settler is licensed by the Company to settle on it ; the unsuxvey- 



IS DUR [r.vnr.x. 

Dunh>y, William — Gontinfleff. 

ed parr of the Huron Tract pa^s no tnxrr, 1S3. . . . nil Company 
Lands are sold to settlers en credit, With interest, 185. . . .think* 

that the omlay of money by the Company will am:>!y compen- 
sate the province for the monopoly granted them, ISO. . . .thinks 
that the Company's Charter conveys Banking powers, but Ser- 
iennt Spankie and Sir John Campbell think otherwise, 192. . . . 
£26*000 have been expended in improving the Huron Tract, 195 
. . . .the Governor alone judges of the expenditure, 197. . . .the 
number of shares held in the €;tnada Company is now over 
1)000, — 199. . . .the dividends to shareholders on their paid up capi- 
tal have been 4 per cent, 20U. 

Dunn, Hon. John Henry. (Analysis of his Evidence.). .. .There 
are two revenues, one under the control of the province legisla- 
ture, and the other under the control of the Lords of the Trea- 
sury, 402. . . .the balances of revenue are very fluctuating, and 

may averge £10,000, 404 thinks the banks safe places for 

public deposits, 406. .. .gives security for public balances, 407 
. . . .thinks the supervision of the Inspector General extends to 

all branches of revenue, 400 pensions are paid by -ordec of 

the Lords of the Treasury, 414 . . . witness receives £200 out of 
the funds of the Canada Company for the accumulating business 
connected with crown duties, 415. .. .receives another £200, 
sterling, as Receiver General of Crown Lands, and £700 as 
Receiver General, from the Province, 416. .. .accounts to the 
Inspector General twice a year, 417 ...thinks the Commer- 
cial Bank notes have the largest circulation in the Province, 420 
the public debt was £180,500 currency and £176,600 ster- 
ling 'on 15ih January, 1835, 421. 

His Income & Duties ix. . . . Errors in the return to His Majes- 
ty's Govermeut per Blue Book, as to his income, Rowan 52. . . 
Letters to W. L. Mackenzie concerning the public Funds, p. 

Ill Letters to do. on do. p. 112 and 113 Salary, p. 114 

....Payments made to him since 1627, £11,534, p. 123...- 
Letfer to Colonel Rowan on Revenue, p. 131 .... Offices and 
grants of land, p. 250. 

BvrcmJ, James, M. P. P. — His opinion relative to proper polling 
places for Hal ton, p. 66. 

(Analysis of his Evidence.)— -Is fearful that the tendency of 
our system of government is to discourage the more wealthy and 
enterprising classes of emigrants, as very many of them, of large 
capital, settle in the United States, 404. . . .the Justices of the 
Peace in the Gore District are generally taken from the govern- 
ment side in politic?, latterly new comers, in whom the people 
have little confidence, 467. .... the Commercial Bank is supposed 
to circulate more notes than any other in the Gore District, 469 
. . . .the population of Halton is about 30,000, 470. . . .Common 
■Schools, generally speaking, are r.ot sufficiently numerous or ef- 
ficient, 472 the Canada d mpany w ill yet do great injury by 

draining the country of money to send to England, 473 is in 

favour of an elective council ; the council, as now constituted, is 
regardless of the people's wishes, 478. 



E I I 19 

i: 

i District. — The refusal of the bench oi rrn- 

dec an account to the House ot' Assemfa receipt? of the 

local taxation ami revenues raised from the people, a proof that 

the sys'om requires revision, v. . . . the compla nfs of the people 
of that D. strict against Magisterial peculation, of long standing, 
vi. .. . L st of the Magistrates in, p. 316. ...List of Commission- 
on of the Courts of Requests in, p. 313. 

tastical Establishment, xiv. . . .The Ministers of the four sect* 
composing the Ecclesiastical Establishment derive their official 

pensions entirely from Provincial Revenues, xv. £4n,4U 

paid them in that way in 1832, 3, 4". p. 129 Receiver 

General's account, payments to, p. 132 to 134. . . .animadversions 
on the political system of three state paid churches, M \ lie, 
p. 200. . . .Mr. Mackenzie reminds Lord Goderich of the remon- 
e ; ranees of the House of Assembly against Church and Stale 
unions, p. 2:r4. 

See also, Methodists- Church of England. Church of Scotland. 
Roman Catholics. 

♦ 
Education and Schools. — Conduct of the Executive with respect to. 
Bfackenzie, p. 199. . . .Lord Goderich expresses the great anxie- 
ty of His Majesty for the encouragement of Education in Canada* 
p. 22') . . . .the Legislative Council expresses its regret that His 
Majesty should have found it necessary to quicken the authorities 
in Canada to their duties of promoting the education of the peo- 
ple, by enforcing Mr. Mackenzie's views p. 2-39. ...Bill to en- 
courage Education, 1535, rejected bv Legislative Council, p. 275. 

(r^T" A Bill to amend the charter of King's College, and a Bill 
to promote Education, which were rejected by the Legislative 
Council, with a copy of the College Charter, are placed at the end 
this volume for reference. 

See also Clergy Reverses Sale Bill. Graniuam Academy En- 
:mt Bill. University of. King's CoUesre. Upper Canada 
Coll ,'e. Common Schools. Roman Catholic Schools. 

■ ons — Alterations in the law of, must originate with the Pro- 
vincial Legislature, Goderich, p. 219. . . .an abuse of the influence 
attendant on ottiec for controlling elections would deserve cen- 
BWe, Goderich, 225.. ..it is His Majesty's earnest desire that 
the expense of Elections should be reduced within the narrowest 

limits, Goderich, p. 22S Lord Goderich recommends the re- 

peal of the act disqualifying British subjects who had re- 
sided in a foreign state from voting at elections until uf:er a se- 
ve i years' residence in Canada, p. 224. 

See also, PMing Places. Leeds Election Ballot Bill. 

Institutions.— Arguments in favour of, xxxiv....an 

ctive Legislative Council recommended by the Committee, 
xxxix. . . .opinions of Mr. Pox, nnd other eminent statesmen in 
favour of, xxxix . .th n Legislative Council inform his Rfaj 

vernmeut that their confidence in the prudence of the Parent 
tte hid begun to be impaired some yjaii ago, when they saw 



20 E V E [iNDfex. 

JSlective Institution*— Continued. 

a Committee oi the House of Commons asking questions of" .such 
individuals as happened to be at. hand," .and pressing on them jis 
if were to give sanction to the opinion that the Legislative Coun- 
cil should he rendered elective, a change which they, the Coun- 
Cll, greatly deprecutn, p. 240. 
See a l^o Legislative Council. 

tZttice, Rt. Hon. Edward, M. P.— Assists Mr. Mackenzie in 

his efforts to obtain a redress of the Grievances complained of 
by 24,500 inhabitants of Upper Canada, xxiv .... report by, con- 
cerning the best mode oi' managing the public revenue^ p. l?ij. 

Elliott, William, voles for returning Lord Goderich's Despatch, 
xlty ... .grants of the nublic lands made to him, 1400 acres , 
p. 252. 

Elmsley, Hon. John, complains that the Executive Council is not 
an independent body xxvu. . . .H : s letter, on resigning his seat 
in the Executive Council ; declares he could not express his sen- 
tfrrjentsat the Council Board, if opposed to those of the Executive 
without incurring the risk of dismissal from office, p. 91 . . his y 
statement declared incorect by Archdeacon Strachan, 52G. . . . 
and by Mr. P. Robinson, 591 . . . return of his offices and grants 
of land p. 250. . . .appointed to the Legislative Council, p. 277. 

Emigration. Expenditure on, xvui. . . .The more wealthy class o* 
Emigrants pass thro' Canada to the United States xxvi ...the 
more wealthy cla c s of emigrants take up their residence in the 
United States, alledging that they like the management there. 
McMicking 403. . . .very many emigrants of largo capital settle 
in the, United States, Dwrand 464. . . .encouraged by the Execu- 
tive Government but discouraged by the slanderous newspapers, 

Strachan 533 .the system of government has not tendered to 

discourage wealthy and cnterpr. zing emigrants, Robinson 584. . . 
expenditure on, 1831, 2,3, 4, £31,728, p. 1G9. . . .imperfect mede 
of accountir g for public monies, p. 172. . . . Roswell Mount's ex- 
penditure, £7,558, p. 172 Mr. Macdonell, M. P. P's. expen- 
diture, p. 172. . . .payments by Mount for provisions to emigrants 
in Adelaide & Carradoc. p. 173. . .the political priesthoods paid 
by government believed to be the cause of the disputes engen- 
dered between the Orangemen and other Irish emigrants, p. 200 
....mismanagement in the land granting department drove 29,- 
000 emigrants from Canada in 1827 and 1828, p. 21(3. 

Emoluments of Public Officers. See Salaries. 

Espionage. — Systematically spreading from the seat of government, 
over tlie face of the country, see petition, p. 103. . . .in the ea>« 
of Capt. Matthews, p. 203 .... prevailed during Sir P. Mait- 
land's government, to the ruin of many good men, p. 206. 

Everlasting Salary Bill. — Sir John Colborne's Want of candour 
in concealing from the Assembly fbo King's liberal proposal tor 
a flirther provision for the civil list. The everlasting salary 
has spread universal dissatisfaction and distrust, xlii ttord 



Index.] fe X P MM 

Everlasting Salary Bill — continued. 

Goderich's remarks on the, pages 228 & 229 First Ever- 
lasting Salary Act Repeal Bill, rejected by the Legislative 
Council, 1829, p. 264— and again, 1830, p. 267. 

Executive Council. — Extravagant Income to its first clerk, xi 

Described by Mr. Stanley as a perfectly anomalous body xxvn 
its duties and powers, xxix The executive council has ne- 
ver satisfactorily fulfilled its duty. The House of Assembly 
express dissatisfaction with the conduct of the council, xli 

All the members of the present executive council join in an 

unanimous vote of censure against the communication of the 
King's pleasure thro' Lord Goderich's despatch, but are ne- 
vertheless continued in the service of his majesty, xlv 

The council is permitted to see such parts only of the corres- 
pondence between the lieutenant governor and colonial office 

as he thinks fit, Rowan 30 ought to be responsible, and 

removable at the call of the people, for abuse of power, Hume, 
p, 98 incomes of its members and officers, p. 115 im- 
perfect audit of accounts by, p. 174, 175 Sir John Col- 

norne's letter to Sir George Murray, with his opinion of the, 
p. 277 in no case are powers committed to it except by ex- 
press provisions of British or Colonial Statutes; it should con- 
cur with the lieutenant governor in deciding upon applications 
for lands; and advise his excellency when he asks advice; 
the lieutenant governor exercises his judgment in asking for 
their advice, except where directed by the royal instructions, 

Colborne, p. 301 Executive councillors are appointed 

by the King, Markland 493 cannot act independently 

and retain their seats, Elmsley, p. 91 can act independent- 
ly and continue in office, Robinson 591 Despatch, Sir G. 

Prevost to Sir Isaac Brock, appointing him senior member of 
the council, as the senior officer commanding the troops, p. 
302 Sir Gordon Drummond, Chief Justice Scott, the Bi- 
shop of Quebec, James Baby, Alex'r. Grant, John McGill, 

and W. D. Powell, made members of p. 303 proceedings 

in Council, p. 303 report from, on the case of colonels Giv- 

ens and Coffin's imprisonment, p. 20*. 

Executive Functionaries, endeavour to excite dissatisfaction with 
the law for raising a fund for the relief of destitute enrgrants 
—strive to engender dissension between the people of the two 
Canadas, xlvi. 

Expenditure, Public, See Public Expenditure. 

Expulsions of W. L. Mackenzie. — The Lieutenant Governor al- 
ledges that Messrs. Boulton and Hagerman had been removed 
for the part they took in Mr. M's expulsions, xxxi. ...Votes 
relative to xliv. , . .A difference shewn by Lord Howick in the 
claim of Mr. Christie and Mr. Mackenzie to the action of (he 
Government relative to their expulsions, p. 293. 

5 



22 F R A [Index, 

F. 

Family Compact. —The government little better than a family 
compact, xliii. 

Farmersvilk Rioters^ released by Sir John Colborne, xxi. 

Tees. — The Tariff of Fees in the Court of KiDg's Bench regu- 
lated by the Judges at their discretion, vi. . . . A revisiou of the 
tariffof Fees paid to Sheriffs recommended, xn. . . .The tariff 
of Fees paid at the Crown Office declared to- be a grievance of 
magnitude — the Judges have the power to apply a remedy, 
xnr.»..Fees-, Salaries and Emoluments, page 114 to page 
122 . . . Fees repeated in the Blue Book, p. 188. 

Felon's Counsel Bill. — Bill to allow persons tried for felony the 
benefit of full defence by Counsel, passed in the House of As- 
sembly, 1825, but rejected by the Legislative- Council, p. 259 — 
again rejected by the Legislative Council, 1820, p. 260.... 
again rejected by them, 1827, p. 261 . . . ►again rejected by them, 

1828, p. 263 . . . again rejected by them, 1831, p. 268 again 

rejected by them, 1832, p. 269^ 

Fitzgibbon, James ; his income, p. 116 claim&£54 as an Emi- 
grant Agent, p, 172; 

Forsyth, William, complains to the House of Assembly of Sir I*. 
Maitland and Cap* Phillpotts. .. .a committee report on his 
petition, p. 204. . . .report to the Assembly on the same sub- 
ject, 1835, p. iv*. . . .his petition, 1* . . . .evidence on it, 2*. . * . 

Address of the House of Assembly on his behal£ 26* Sir 

J. Colborne's reply, 26*. 

See also, Niagaia Falls Outrage. 

Forty-foicrth of the King repeal Bill (otherwise known as tfcie 
Gourlay Banishment Bill.) — A Bill for its repeal, passed by 
the Assembly but rejected in the Legislative Council, year 
1824, p. 258 ditto do. 1825, p. 259 passed by the As- 
sembly and so altered and changed in the Council as to pro- 
cure its rejection in the Assembly, 1826, p. 260... ditto dc* 
1827, p. 262.. .passed by the Assembly and thrown, out by 
the Council, 1828, p. 26a 

Fothergill, Charles, brought the question of the dismemberment 
of Lower Canada before. the Assembly in the- shape of resolu- 
tions, p. 286. 

Fox, Right Hon. Charles James, was in favor of Elective Insti- 
tutions as being the most suitable for the Canadas, xxxix. 

Frase 1 -* Alexander — allowance and public lands given to. p 252 



Fraser, Richaid Duncan, offices held by and public lands granted 
to, p. 252. 

Friends, or Quakers — A Bill for their relief from certain disa- 
bilities, passed in the Assembly and rejected in the Council, in 
1825, p. 259. . . .and in 1826, p. 260. . . . Bill to allow their evi- 
dence to be received in criminal proceedings, 1826; royal as- 
sent withheld from, p. 260. . . . A Bill to relieve tjiem from the 
payment of fines or commutation money for the non-perform- 
ance of militia duty in time of peace, passed by the Assembly 
and rejected in the Legislative Council, in each of the follow- 
ing sessions, viz : 1830, p. 267 .... 1835, p. 274. 

Fund3, or Accounts kept by the Receiver General, Fund A.., 
Fund B., Fund C, 6cc, p. Ill . . . .Fund D. ordered to he 
kept separate from Fund K. p. 184. 

M» 

Gag Law, passed fourteen yearsago, making it a crime for peo- 
ple to meet and complain of grievances, Mackenzie, p. 202r-r— 
Lord Godcrieh's remarks on, p. 225. 

Gamble, Clarke, as attorney for the Bank of Upper Canada, in- 
stitutes three lawsuits against Henry Pannebacker, a Waterloo 
farmer, and charges £30 costs on the balance of a bill of £50. 
discounted at the Bank and oveidue — '—Pannebacker 600. 

Gamble, James, his expenditure in aid of emigration, p. 170. 

General Meeting of Horns and neighbouring Districts. They ap- 
point Mr. Mackenzie to carry to London an address to the King 
and a memorial to the House of Commons, and to support the 
prayer of the same by evidence, p. 189. 

Givins fy Coffin, Colonels. — Chief Justice Robinson's remarks 

upon their arrest and imprisonment, p. 9* Sir Peregrine 

Maitland transmits a statement to Mr. Huskisson, relative to 
their arrest and imprisonment by the orders of the House of 
Assembly; stating" that colonels Givens and Coffin had noti- 
fied him that they had been summoned to attend a committee 
of the Assembly appointed to enquire into the merits of a pc 
thion from Wm. Forsyth; that lie refused to permit their at- 
tendance; that the House brought them to its bar for contempt; 
and sent them to jail, p. 13* to p. IS*— Summons to Col. 
Givens, his reply and Sir P. Maitland's order, p. 18* Sum- 
mons to Col. Coffin, his reply, and application for permission 

'o appear, p. 19* Despatch of Sir G. Murray, relative to s 

p. 20*. 

Glebes, xvn 1500 acres of the commons left in lieu of side 

lines in certain townships in the Niagara District lately granted 
by licence of the executive to the churchwardens of an En- 
;lish church, McMicking 442— Glebes set apart in 1833 
K 1834, p. KU— Glebes reserved previous to 1833 p. 464. 



M God (twMMd 

Godcrich, Lord Viscount (uow £arJ 0/ Ripon.) — Had the King'a 
commands to express the royal wish that the people might be 
consulted concerning the constitution of King's College, xvn 1 
— — His despatch of 8th Nov. 1832, in answer to the complaints 
of the people, made thro' Mr. Mackenzie, xxii It contain- 
ed many valuable concessions to the wants and wishes of the 
people, but was treated with indignity by men in office in the 
provincial parliament, xliii Letter to Dr. Baldwin on Ca- 
nadian Grievances, 7th May, 1829, p. 08 The views of the 

British Government can only be made known to the people of 
Upper Canada thro' the Governor or the Legislature, p. 191 

interview with Messrs. Hume, Viger, Mackenzie and Geo. 

llyerson, p. 191 postponed, 192 2nd interview with, p. 

193 — ^further audiences, p. 195, 19G Selections from pa- 
pers addressed by Mr. Mackenzie to, and sent to Sir J. Col- 
borne for publication in Upper Canada, with despatch of Nov. 
8th, 1832, p. 196, (A. to L.) 

The despatch to Sir J. Colborne, page 217 to page 234. 
His Lordship had selected three documents from Mr. Macken- 
zie's correspondence, of which copies had been sent to Sir J. 

G. The petitioners for a redress of grievances, 12,075, p. 

218 petitioners satisfied with the institutions of the colony, 

26,854 persons alterations in the election laws must origin- 
ate with the provincial legislature, p. 219. .. .observations on 
the basis of representation, p. 220. . . .the subject continued, p. 
221. .. .on a town representation, p. 222. .. .favorable to a re- 
presentation being given to an University, not such a one as 
that which had been chartered., .his majesty's government 
iiad referred to the House of Assembly the question, in what 
form and on what principles the college should be founded. . . . 
in favor of the payment of wages to town members on lo- 
cation ticket votes, p. 223.... would be happy to introduce a 
bill into parliament, if necessary, to enable the menonists and 
tunkards to exercise the elective franchise on the same footing 
as the Society of Friends. .. .the gratuitous disposal of the 
crown lands interdicted ... .recommends the repeal of the act 
disqualifying British subjects for 7 years from voting, after a 
residence in a foreign state, p. 224.... the Colonial Advocate 
a proof that the freedom of the press is enjoyed in Upper Ca- 
nada. ...remarks on law of 1818, prohibiting meetings, and on 
alien question. . . .an abuse of the influence attendant on office, 
for the purpose of exercising an improper control over elec- 
tions, would justly expose to the heaviest censure those to 
whom it could with truth be imputed, p. 225— —His Majesty 
desirous to encourage the education of the children of the 

yeomanry has invited the Legislature to consider how the 

University could be best constituted a large portion of the 

public lands had been set apart for the purposes of education, 
and the royal assent would be given to any system of local as- 
sessment for building ochool houses and maintaining teachers, 

826 the House of Assembly should have the most full 

and particular account they may choose to call for, of the re- 
ceipts and expenditure of tut whole revenue from whatever 



Iadf.x.J c; O D 25 

Goderich, Lord Viscount (now Karl of Ripori) — continued. 

source derived, p. 227 is rather predisposed to Ihe opinion 

that by resigning their seats in (he legislative council Archdea- 
con Strachan and Bishop McDonell would best consult (heir 
personal comfort and the success of their designs for the spii 
itual good of the people does not wish that an undue pre- 
ference should be shewn to the preachers of religion of the esta- 
blished churches of the United Kingdom it is the earnest de 

sire of his majesty that the cost of elections should be reduced 

within the narrowest possible limits refers to the Blue Book 

as a proof of the smallncss of the salaries of public servant;;, 

p. 228 remarks on proceedings of the committee on the 

state of the representation the people of Upper Canada have 

the highest claims to the attachment of their sovereign and the 

British nation, p. 229 the question of a dissolution of the 

legislature considered Mr. Norton's election various acts 

of misconduct attributed by Mr. Mackenzie to the House of 
Assembly in the 11 th Parliament on the granting of a per- 
manent civil list without stipulating for the independence of the 

judges, p. 230 the King would rejoice to assent to a bill 

for securing the independence of the judges- on the voting 

of the civil list the questions of juries and township offi- 
cers admit an infinite diversity of opinion, p. 231 if the 

degree of influence possessed by the crown in the provincial 
legislature was found to be considerable his majesty would not 

hesitate to assent to a law to limit it, p. 232 opposed to a 

dissolution of the parliament —the government not atfswera- 

. ble for Mr. Hume's promises — —his lordship's colleagues and 
himself had been anxious to conciliate the Canadas by a con- 
stitutional system of government, p. 233 Sir J. Colborue'a 

reply to the above despatch, p. 23-1, with the addresses in an- 
swer, by the legislative council, p. 235 by the House of 

Assembly, p. 243 by 1605 inhabitants of Lennox and Ad- 

dington, and 596 inhabitants of Ci bourg and its vicinity, p. 
214. 

His Lordship denies that the colonial department had ever 
given authority to any person to agitate the project of a union 

of Montreal with Upper Canada, p. 273 acknowledges the 

error into which the colonial office had fallen with regard to 
the number of persons who petitioned for a redress of grievan- 
ces, and admits that the number of signatures attached to the 
petitions entrusted to Mr. Mackenzie to be presented to the 
King far exceeded twenty thousand, 291 instructs the li- 
brarian of the colonial office to shew to Mr. Mackenzie such 
papers relative to the affairs of Upper Cauada as he might wish 

to consult, p. 292 his lordship's despatch authorising Sir 

John Colborne to inform Messrs. Boulton and Hagerman, that 
they would be dismissed from their offices of attorney and soli- 
citor general, p. 295 — - — an abusive commentary by the Editor 
to whom Mr. Boukon had transmitted ihe despatch fur publi- 
cation, p. 296. 



23 GRL [Index. 

Gore District.— List of the magistrates ;p. 307 — —List of the 
commissioners of the court* of requests, p. '327. 

Gordon, Hon. James, public lands granted to, p. 25.0. 

Gordon, Rev'd Mr., shocked and scandalized by Bishop Mc- 
Donell'8 political crusade in 1832, O' Grady 225. 

Gore, Governor.— -Doctor Strachan and Justice Powell governed 
the Province, till they quarrelled among themselves, under his 
nominal administration, Macdonell, p. .37 his communica- 
tions to the executive council in 1808 & 1809, p. 303. 

Government, opinions rs to the best system for U. C. xxx. . . . 
want of responsibility proved by the dismissal and reappoint- 
ment of the crown lawyers, xxxi. ...should be responsible to 
public opinion, ' jQunlop 180.. ..the House of Assembly re- 
monstrate with his majesty on the unconstitutional interference 
of his ministers, 4000 miles distant, in the domestic concerns 
oi the colonists, p. 182.... His majesty's servants, clothed 
with the authority of office held during pleasure, place the 
dismemberment <?f Lower Canada as a prominent feature in 
the reply to the speech from the throne at opening the pro- 
vincial parliament; "1 had never once found that any course of 
proceeding adopted by these officers on any occasion failed to 
receive the sanction -oi" his majesty's government." Mackenzie, 
.p. 237. 

'Government House, £615 paid for repairs of, out of casual reve- 
nue, 1829, p. 184. 

Government Office, incomes of clerks in, p. 114. 

Governors, Colonial. See Colonial Covernois. 

"Gowan, Ogle R. — liots at his election, xxi. 

Graham, Sir James, M. P. — report by him and otheis on the 
management of the revenue, p. 1/(3. 

Gr-ant, Hon. Alexander, public lands granted to, p. 250. 

€^antham Academy Encouragement Bill, rejected by the legis- 
lative council, 1831, p. 2(53. .. .again rejected by the same, 
1832, p. 270. . . .and, (with I3;*th,) again rejected, 1835, p. 275 

Great Britain, the interference of the government of, in the do- 
mestic affairs o( the colonists* protested against by the House 
of Assembly, p 181.. ..pays no pait oi the ecclesiastical es- 
tablishment of this province, xv. , . . checks upon misgovern- 
ment in, xxxin . . .knows of no part of the ecclesiastical, ci- 
vil or .judicial expenditure of Upper Canada heiu£ defray eft 
h\, Robinson 5'Jo. 



Index,] HAG 2T 

Great Britain— continued. 

See, Report on the mmiagcitiaist of the pull U revenue of Great 
Britain. 

Grievance*. — M If rhe course pursued by the executive govern- 
ment should be such a9 to give just ground for dissatisfaction, 
the inhabitants have, by their representatives, the means of 
bringing theft grievances under the immediate attention of his 
majesty," Howick, p. 192 ... .a committee of the House of 
Assembly report that daring outrages had been committed, that 
the parties had not been prosecuted, but had been promoted to 
high offices, p. 204 10,000 persons from Upper Canade peti- 
tion in 1832 for a redress of grievances, p. 282. ...Mr. Mac- 
kenzie, in a letter to Lord Goderich, enumerates many griev- 
ances which the Assembly in the 11th and former parliaments- 
had essayed in vain to remove, being opposed by the execu- 
tive government, pages 283, 284, 285. 

Grote, George, M. P., assists in obtaining for Upper Canada the 
acknowledgment and redress of its grievances, xxiv. 

H. 

Hagerman, Christopher Alexander, AL P. P., his re-appointment 

to the office of Solicitor General created great distrust in Up- 
per Canada, xxxin ...Thwarts the beneficent intentions of 
his majesty by endeavouring to suppress and return Lord Gode- 

lieh despatch, xliv Disregards the law and the views of 

his majesty's government in the matter of Mr. Mackenzie's ex- 
pulsions, xlv. . . .Is found in the minority on a motion to ex- 
punge the proceedings relative to these expulsions from the 
Assembly's Journals, xlv. . . .Is due, a balance of money, since 
he was collector of customs at Kingston, which the Inspector 
General had taken from the public accounts because he (H.) 
claimed a larger balance, which, if it were allowed, would 

have more than covered his deficiency, Markland 486 

described by tfee petitioners of York county, as a man labour- 
ing under those prejudices of family connections and party 
feeling from which Judge Willis, (to whom he had temporarily 
succeeded) was happily free, and withal a person very inferior 
to Mr. Willis in education, talents, and legal knowledge, p. 103. 

acted as a timber commissioner at $14 per day, p. 184 

income and office, p. 252 2,400 acres of the public lands 

granted to, p. 253 Mr. Mackenzie complains that the law 

officers of the crown were employed in organizing public meet- 
ings and setting the example of agitating Upper Canada in fa- 
vor of the scheme of a dismemberment of Lower Canada, p. 

28G an account of his dismissal from the office of Solicitor 

General, 294 for differing in opinion from His Majesty's 

Government upon questions of great political importance, and 
impeding and opposing the measures of His Government (vide 
lord Goderirh's Despatch, p. 295) aud for promoting the re- 



H O V [Index. 

\Iagtrman y Christopher Alexander. — continued. 

plated expulsions of a member of the Assembly (vide Colonel 

Rowan's letter, p. 296 an account of the severe sentence 

he and Mr. Justice Sherwood passed upon Mr. P. Collins 

for alledged libel on the Attorney General, p 359 

The House of Assembly resolve, that Mr. Justice Hagerman (now 
Solicitor General) alledged in the record to be libelled, did con- 
corn himself with Mr. Justice Sherwood, in measuring the pun- 
ishment of Francis Collins, thereby, unnecessarily violating the 
rule, that a man shall not be a judge in his own case, p. 367, and 
that the punishment so inflicted on Collins was subversive 
of the liberty of the Press, and destructive of the liberty 
oi* the subject, p. 368, as also, that on being summoned before a 
Select Committee of the House, appointed to enquire into Col- 
lins' complaint, he had declined to offer any explanation, p. 371 
. . . .his statement concerning the arrest of Coloneis Coffin and 
Givens, p. 24 * 
Himilton, Hon. John— return of pubiic land granted to, p. 250. 

Hands, William, erroneous account in Blue Book, 1830, of his 

offices and income, Rowan 49 'Jftices in Western District, p. 

117. 

Harris, Joseph H., Salary as Principal of U.C. college, £666, with 
a dwelling house, p. 185 — ^-Letter to Colonel Rowan, with 
statements respecting the college, p. 345. 

Hastings District Bill. The bill to form this county into a separate 
district, passed the House of Assembly and was rejected by the 
Ji°('ish t tive Council, 1st in 1633 4, p. 273, and again in 1835, p. 

271. 

Home District. Mr. Mackenzie's representation against the ma- 

giatney of, p. 213 List of the Justices of the Peace, p. 308 

List of the commissioners of the courts of requests, p. 326. 

Home District Farmers 1 Cnm-pany Incorporation Bill, rejected by 
' the Legislative Council, 1830, p. 26G. 

Homed Cattle, the number of, pages 109 and 110. 

Horses, the number of, pages 109 and 110. 

HospUal, Toronto. A very imperfect account sent down by the 
Lieutenant Governor, p. 183 the statements sent down indi- 
cate the necessity of effecting a change in its ramagemeot, p. 

188. 

Huron Tract. See the evidence of William Dunlop, Esq. page 
22, and of Colonel Van Egmond, page 26. 

House of Commons. Extract from report of a committee of, on 

Canadian affairs, in 1828, n return to its address for copy of 

Lord Visceunt Goderieh's Despatch of Nov. 8th, 1832, and re- 



Index] H O I, 

House of Commons — continued* 

plies thereto, p. 216 the legislative council inform the Secre- 
tary of State that their confidence in the prudence of the parent 
btatc had been shaken in consequence of the questions asked by 
a committee of this house, relative to an elective council, p. 2 it) 

petitions from Upper Canada, presented in, 1829, 1831, 

12, enumerated in a letter to Lord Goderieh, p. 231 and 283 

the assembly request iiis Majesty to lay the case of Francis 

Collins and the proceedings of the government thereon before, 

p. 371 Address to His Majesty from, for information conccrn- 

the Niagara Falli outrage, p. it*. 

Hoicic::, Lord Viscount, 31. P. — Assists the Canadians in their ef- 
forts to obtain a redress of Grievances, xxiv . . . .his letter to the 
Treasury intimating Lord Godench's desire that the grant to the 
British North American Clergy should be gradually diminished, 
p. 142. . . .his letter to the Hon. J. K, Stewart, intimating that 
the people of British North America ought to be called upon to 
maintain their own clergy, instead of buxthening the British 
Treasury, p. 14*3. 

His reply to Mr. Mackenzie's application for an audience of 
Lord Viscount Goderich, dated 23d June, 1832, p. 191. 

His letter to Mr. Mackenzie, June 29th, 1832, in explanation 
of the former letter, p. 19.2. . . .his note to do., returning certain 
documents, p. 193. . . .his letter to-do., concerning the Niagara 
District Address, the War Losses question, &c. 8tu September, 

J832, p. 194 his letter to the same, dated 29th Dec. 1832, 

denying that the question of the union of Montreal with Upper 
Canada, is agitated by authority from Downing Street,, p. 278- 
. . . .his letter to the same of the 23d January, 1833, p. 291. ... . 
his note to the same, when the Colonial Office had resolved to 
change the Crown Lawyers of this Colony, p. 293. 

House f>/ Assembly — Disapproves o* the conduct of the Colonial 
Government in attempting to uphold certain particular religious 
sects by money grants, xiv ...declares that it recognizes no 

particular sect as established with exclusive privileges, xv 

Little respect paid to its opinions by Sir John Colborne, even in 
subordinate matters xx, xxi. .. .Men in office treat Lord Gode- 
rich's Despatch (making concessions to the wants of the people) 
with indignity, and attempt to suppress it in the Assembly, xliu, 
XLiv....Vote on the question of suppressing the Despatch, 
xliv. . . .House of Assembly has at all times made satisfactory 
provision lor the support of the government, cut of the revenue 
raised by taxation, xlvii. . . .Orders and votes on printing Re- 
port on Grievances, xlix. . . .The House refuses to rescind its 
order to print 2000 copies of Grievance Reports, or to suppress 
the publication of Bishop M'Donell's Letters to Dr. O'Grady, l 
. . . .The House of Assembly unfit to manage the Land Revenues 
witness its conduct with the Welland Canal, &c, Diuihp 169 
... . Board of Education suppressed on an Address of, Skrachan 
■ . . .the Legislative Council appeared to have m ide the good 
el' the Province muc5 more its study than, Slraclhan 543. , . .*« iia 

6 



80 II O U [IXULT 

JFouse of Assbinhly — continued. 

mmbers " have been the chief orlice-ho'ders and the chief office 
expectants for the last thirty years, Strackan 555-. . . „ita first 
etep should be to assert its control over the whole provincial 
expenditure, Hume, p. 97. .. .income of some of its Officers, 
p. 116. 

Extracts from its address on the proposed disallowance of the 
Bank charters; the interference of the colonial office in the doings 
tic concerns of the colony protested against ; the house claiin3 
the same right to be consulted in the making of laws for the peace, 
welfare and good government of the province, which the people 
of Britain enjoy in respect to laws to which their obedience 

is required, p. iSl With the exception of laws incompatible 

with the just rights of other colonies and treaties with foreign 
states, the house submits that no laws rightfully can be dictated 
tt;, or imposed upon the people of Upper Canada to which the 

House of Assemnly do not freely assenS p. 182 vote on 

the address, p. 182. . . .resoutiou against interference from abroad 
in the internal concerns of the colony, p-202 ~epi ! rt from com- 
mittee of, on outrages and monopoly of criminal proscutions, p. 

204 it addresses his Majesty, 12th January, L29, on the state 

of the province, the evil advisers around the Lieutenant Gov- 

« rner and the administration of justice, p 203 and again, 14lh 

i\l arch, 1829, p 207. 

Address of thanks for Lord Goderielv's Despatch i deeply re- 
gretting that it did not occur to his Iorrlship that the allegations 
it. contained rested only on the testimony of "an individual who 
had been twice expelled that House, and who in consequence of 
h:s having fabricated and re-iterated libels of the grossest descrip- 
tion, had been declared unfit and unworthy a seat in the Assem- 
bly during the present parliament ;'' and remarking that the re- 
medy for any alledged ills is placed ia the hands of the colonial 
legislature, p. 243. 

"Returns of the names of the members on the 1st of July, 1832 
stating the offices they hold, the pay, pension and income of 
each from government, with all laud grants, p 252 to 257. 

Titles of ail Bills of a public character which having origina- 
ted in the Hou-eof Assembly, were lost in the Councilor alter- 
ed so as to ensure their rejection in the Assembly, or which 
having originated in the Council were afterwards rejected by 
fiie Assembly — or which had passed the Council and Assernb:y 
and been rejected by the King in Council — years 1824 to 1835, 
p. 258 to p. 277. Titles in 1^24, p. 253— in 1825, p. 259— in 
1826, p. 260— in 1827, p. 281— in 1823, p. 203— in 1829, p. 
204— in 1830, o. 266— in 1831, p. 208.. .in 1832, p. 289, in 1333, 
p. 270. ..in 1833 4, p. 272. ..in 1835, p. 274. 

The House of Assembly in the 11th and other Parliaments 
p-iss bills to remove grievances... these bills opposed by Govern- 
ment, p. 283, 234, 285....;. List of Members of the 11th Parlia 
ment who had accepted ofSces, with tire offices, and the date? 
of their appointments, p. 334 List of Members of the pre- 
sent House of Assembly holding offices or pensions, deicrijbii. 
the offices and duties to be performed, p. 335. 



Index.] HUM 

Jfjuse of Assembly — Continued. 

Proceedings in the case of Francis Collins, p. 356 fo p. 872 

votes of the House concerning, p. 357, and p. 362 to p. o71 

address to Sir John Colborne, p. 35? : to the King, p. 371 

resolutions censuring His Excellency for his indecorous imputa- 

08 against the House, p. 361 resolutions in favor of Fras. 

Collins, and censuring Judge Sherwood and the Executive, p 
368, &c. 

Report of a select committee on the petition of William Por- 
i, complaining- of the Niagara Falls outrage, in* For- 
syth's petition, p. 1* Sir P. Maitland*s account of the pro- 
ceed ings in the case of Colonels Coffip and Giving' arrest a?^d 
imprisonment for contempt, they having refused to obey the 
s of the House to give evidence on Forsyth's petition, 
in 1323, p. 13* Sir Perogrine makes a gross and unwarrant- 
able attack on f he rights and character of the House, (9th Par- 

liament) p. 10* and 17* It has of late years grown into a 

practice to submit the official correspondence of the Colonial 
Executive with the Colonial Office, unreservedly, if called for, 

AfaUUmd, p. 23* the House address Sir J. ColLorne with 

copy of report in favor of W. Forsyth, and requesting him to 
favorably recommend his (F's) case to His Majesty's Govern- 
ment, to which he replies that he would forward the documents 
but could not recommend the claim for remuneration-, p. 26-* 
See also, Goderich, Lord Viscount. 



Hume. Joseph^ M. P. assists the agent for the petitioners in Ca- 
nada, praying for a redress of grievances xxiv. . . .favorable to 
-Elective Institutions in the Canadas xxxix. 

Letter to Doctor Baldwin on Canadian Grievances, 1st May, 

1829, p. 97. . . .the first and most important step of the House of 
Assembly would be to control every item of die provincial expen- 
diture. . . .Canadians should be exceedingly cautious about the 
encroachments of the Church of England to any thing like a 

dominant religion the members of the Executive Council 

should be responsible, aid removeable on the call of the people, 
for abuse of power, p. 93. . . .returns to addresses of the House 
of ConiTnns moved by, p. 216, 217. . . .Do. p. 246. . . .Do. p. 

25-3 Lord Goderich appoints an audience with, on Canadian 

affairs, p. 191 Letter to, from Lord Goderich, stating that 

he had laid before the King the address of the inhabitants of the 
Niagara District, p. 193. . . .the government not answerable for 
Irs promises of reform, Goderich, p. 233.... the Legislative 
Council express their apprehensions of the ** political unions," 
which threaten alike the peace and liberty of the people, and 

which it was supposed he had sanctioned, p 241 presents 

the petition of the Methodists and Dissenters to the House of 

Common-, 8,000 signature?, 1323, p. 231 present? the peri- 

tion of 10 000 friends of civil and religious freedom, in do. Ii81, 

p. 232 presents the petition of 10.000 Upper Canadians, 

praying for an Elective Legislative Council, 1332, p. 292. 



32 



INS 



[T.VDLlf. 



Hani, Samuel P-, was appointed Surveyor General, 1st ISTovem- 
ber, 1829, entered upon the duties of the office, 82d May, 1- 
received months full pay on his appointment, then half pay and 
emoluments until he arrived in Canada, this was by order of the 
Home Government, 603.... £798 18 10j, and £143 13 11$, 
■sterling were paid to Mr. Chewitt as principal clerk and senior 
surveyor and draftsman, and half the emolument of the Survey- 
or General's office from Nov. 1, 1829, out of fund A. he refund- 
ed these sums to witness, they being the sums accruing to him 
during- his absence from the Colony, as per the Despatch of the 
Home Government, 604. .. Ana incume in 1834, vvus £600 ster- 
Eng, salary, and £75, fees, 605. . . .his note with answer, p. 300, 
see also ix. . . .see p. 114, and note. 

Iluskisson, Right Hon. Wm. A speech of hi* animadverted upon 

in the petition from York county, 18'29, p 100 Despatch to, 

from Sir. P. Maitland, in the matter of the arrest of Colonels 
Givens and Coffin, p. 13.* 



I* 



Impeachments. The legislative council is a fit tribunal to try, 

Strachan 548 The circumstances of the colony do not warrant 

the giving the legislative council the power to try, Stanley, p. 96 

it has never been conceived that one of the powers given tc 

the legislature by the 31. Geo. 3rd, was to prefer impeachments, 
because the legislative council has no power to entertain or dis- 
pose of them, Maitland, p. 16.* 

Indenture between the freeholders of the county of York and the 
returning officer, declaring \Y. L. Mackenzie a representative in 
the assembly for that county, p. 190; 

Indian Department, expences of, defrayed from England, amounting, 

it us probable, to about £2,000, p. 341 Letter, Lord Howick to 

the Hon. J. K. Stewart, proposing a reduction of the Indian pre- 
sents, pensions, &c., p. 341 Estimates for defraying the char- 
ges in the two Canada?, p- 343. 



Inheritance, law oj. 
Bill. 



See Primogeniture Laws. Intestate Estate 



Inspector General. It is his duty to keep an account cf outstanding 

monies due by public accountants, TSir quand 42fr all public 

accounts are sent to his office for inspection, Turquand 429 

The duties of the office might be defined by statute, Markland 

483 crown lands commissioner accounts half yearly to, for 

crown lands sold, and yearly for sales of crown timber, Robinson 

566 income of, and his clerks, p. 115 circular from his 

office, requiring the personal attendance of collectors of customs, 
p. 333. 

£>ee Hon. Geo, II. Markland. 



Index.] JON 33 

Inspectors of Tavern an 1 Shop Lici nces — Their returns oflheir in 
comes, p. 117. 

ate Estate Bill. — The Bill for llic more just and equal division 
of the property of persons dying without leaving a will or testa- 
r-.ent, passed the House of Assembly, and was rejected by the 
Legislative Council, 1824, p. 258. . . .it again passed the Assem- 
bly, and was again rejected by the Council in each of the follow- 
ing years and Sessions, viz. : in 1826, p. 260. . . .in 1827, p. 361 
. . . . in 1828, p. 263. . . .in 1829, p. 264. . . in 1830, p. 266. .. . 

in 1832, p. 269 in 1835, p. 274 representation by Mr. 

Mackenzie to Lord Goderich of the opposition given by the Go- 
vernment to this Bill, p. 283. 

Ireland. — Catholic Clergy and Laity opposed to a Church and S!ate 
union, 124. . . .the Colonial Officers want to divide the people as 
Ireland is divided, and to govern them as Ireland is governed, 
Mackenzie, p. 289. 

J. 

Jail Limits Extension Bill, passed the House of Assembly and was 
rejected in the Legislative -Council, in 1828, p. 263, and in 1829, 
p. 264. 

Jameson, Robert S., Attorney 'General. — Riots at the Election for 
Leeds of, xxi....the House of Assembly address Sir John Colborne 
for all correspondence between the Colonial Executive and his 
Majesty's Government relative, to the appointment of. . . .which 
lie refuses to submit to them, unless the sanction of the Colonial 
Office were first obtained, p. 3o6....his evidence before the 
Committee of tne Assembly (1835) to investigate the Niagara 
Falls Outrage, p. 2.* 

Jarvis, W. B., his income as Sheriff -of the H. D. p. 253 Mr. 

Mackenzie complains to the Secretary of State that he had been 
employed in getting up public meetings and petitions and set- 
ting an example of agitating in favor ef a dismemberment of 
Lower Canada, p. 286. 

Johnstown District. List of the justices of the peace, p. 314 . 

List of the commissioners of the courts of requests, p, 320. 

Jones, Alliens, his offices, p. 117. 

Jones, Hon. Charles, grant of public land to, p. 250. 

Jones, Darid, M. P. P. ; Judge Eastern district court, and com- 
missioner of customs ; nature of his duties, p. 335. 

Jones, Henry; return of his income, effiecs, and grant of public 
land, p. 252. 



PA .1 I S [Judex. 

Jones, Jonas — his income as & judge, &e. xin---hla offices and feee, 
p. 119. 

Judges. The judges of the court of king's bench regulate the 
fees vi ; are dependant on the crown, vi. 

See Lord Stanley's letter to Dr. Baldwin, p. 93 Salaries of the 

Puisne Judges, p. 119 the King - would rejoice lo assent to i 

bill for securing their independency Godcrick, p. 23U A Bill 

to exclude the juHges from seats in the legislative and executive 
rnuncils passed the assembly and was lost in the council, 18.50, p. 
266. 

Judicial Establishment. See Justice, A ami nist ration of. 

Juries, impartially summoned in Glengarry, C hisholm 286 tl*» 

system ought to be altered, Stanley, p. 90 the question admits 

an infinite diversity of opinion, Goderick, p. 231 a bill to ex- 
tend the privilege of a jury to the Court ot Requests, where a 
party desires it, passed (he Assembly and was thrown out by tlie 

Legsilatiye Council, 1835, p. 275 Mr. Mackenzie remind* 

Lord Goderich that a Committee of the House of Commons had 
strongly recommend d an amendment of the defective system of 
summoning juries, because it struck at the very root of the ad- 
ministration ofjusti.ee, p. 284. 

Jury Laws Amendment Bill, passed the House of Assembly and 
was rejected by tlie Legislative Council in each of the following 
years, viz: in 1827, p. 262 ; in 1828, p. 203 ; in 1830, p. 266; 

and in 1835, p. 274 Lord G iderich reminded of the frequent 

failures of this Sill in the Council, p. 285. 

Justice Administration of.. On tlie 14th of March, 1829, the House 
of Assembly address the King enumerating many wrongs done 
to the people in the, and d -claring that it was " from such courts 
and such judges that the people desired to be relieved," p. 207 

the mal-administration of justice complained of and stated 

in the petit : on of the people of the county of York, pages 99, 
100, 102, 103. 

See "Francis Collins.!' « Mr. Justice Sherwood." "S;rJ. Col- 
bome." "Mr. Justice Willis." " Criminal Prosecution-." "Nia- 
gara Falls Outrage." " House of Assembly." ".Impeachments." 
'•Juries." "Justices of the Peace." "Kingston." " L bol." 
•' Leeds contested Elections." "S;r P. Maitland." "Capt. John 
Matthews." Robert Randall " " Chief Justice Robinson." 

Justices of tlie Peace. Appointed by the Crown during its plea- 
sure, v the Magistrates of the Eastern District refuse to 

account to the House of Assembly for the revenue expended by 

them and raised by taxation, v their character, xxvi the 

nanner of their appointment in the London District very un- 
satisfactory' to the people, Moore 67. .. .favoritism prevails in 

the appointment of justices of the peace, Wilson 88 .there is 

-a little knot or junto of magistrates in Kingston, Bishop Mc- 
JJowil, p. 35.... no partiality exercised in Durham rekrive ie 



Ini.f.x.} KIN* 3a 

Justices of the Peace— continued. 

the appomtmont of, Brown 322. ...are mos'ly appointed in 
Johnstown frdin the partisans of the Executive, liudl 354. T.. 
sn-angors and hal fray-officers latterly chosen for the Niagara 
District, Macmiching 432 generally taken from the minis- 
terial side in politico, and latterly new comer-?, Durand 467. . . . 
Governors fit persons to choose, Strackan 550. .. .members of 
ttie House of Assembly and others may inform Governors as to 
fV persons to bo made magistral es, Robinson 577. . . .control of 
]) strict T fixation, with district patronage in the hands of, p. 
I>7. .. .Sir John Colborne charged with partial fy in the au^ 
pointment of; Mackenzie, p. 213. . . ." are appointed by commis- 
sion under the great seal at the Province, the selection being made 
by the Lieutenant Governor for the time being, acting in the 
name of the King. Colborne, p. 300. 

Re: urn of the magistrates of ihe Western District, p. 303. . . . 
of the London D. strict, p. 305.... of the Niagara District, p. 

306 of the Gore District, p. 307. . . .of the Home District, p. 

308 of the Newcastle District, p. 310 of the Prince Ed- 
ward D strict, p. 312 of the Midland District, p. 313 of 

the Johnstown District, p. 314. . . .of the Bathurst District, p; 
315. . . .of the Eastern D^tr.ct, p. 316. . . .and of the Ottawa Dis- 
trict, p. 317. 

Kempenjeldi Bay — j£926 expended in opening a road near, p. 171. 

Kempt, Sir James, report by him and others, on the best mode of 
managing the Revenue, p. 178. 

Kerhy. Hon James, — A Custom House Officer, p. 117. Tension 
and lands granted to, p. 250. 

Kerby, Hon. John, — Public Lands granting to, p. 250. 

Kin?,. lames. [Analysis of his evidence.] — Recollects the Reverend 
VV. Praser, of St. Andrew's having complained that he had not 
received the royal allowance for years ; witness understands that 
the matter was afterwards compromised with Bishop McDonell, 

228 the Catholic laity, generally petitioned the House of 

Asseinbly for an enquiry into the allodged misapplication of 
monies granted to the Clergy and Schools, and prayed for the 
abolition of all pensions and sinecures granted to the clergy, 
2Ji Evidence of misapplication of monies before a commit- 
tee unpointed at a meeting called by Bishop McDonell : Rev. 
Mr. Dempsey had been obliged to sign receipts to the Bishop for 
mofliei he never received ; Mr. Gordon of Niagara said the same; 
Cardinal Weld presented for gratuitous distr button a quantity 
of sacred vestments and church plate which Bishop McDonell 
f- > d io the Clergy, took their notes, and stopped the amount out 
of the government appropriation, 233. 

[Second examination] —The goverement Pensions convert some of 
the Catholic Clergy into politician?, and as Bishop McDonell is 
u pensioner and independent of the pe pie he is less anxious to 



36 L A N [Index. 

King, James (Analysis of his evidence)'— continued. 

promote the religion of which he is at the head. . . .witness be- 
lieves the disputes between the Bishop and Doctor O' Grady had 
their origin in politics. .. .the Bishop was displeased with Dr. 
O'Grady for not endeavouring to insure success to an exclusive 
meeting of the Catholics called tor political purposes by Mr. Baby 
the Inspector General. . . .witness refused to- go with the Bishop 
to a similar meeting, 5 14. 

Kin* in CdWMe&-*-The interference o r , in our domestic legislation , 
deprecated by the Assembly, p. 181 ... . proceedings with colonial 
acts, p. 278 — .no Colonial act can be disallowed save by a re- 
gular ouder of the, p. 278. 

King's .Bench, Court of.--B{\\ to const : tute the Legislative Council 
a Judicial Court of Appeal from the judgments of, received from 

the Council, and rejected by the Assembly, 1835* p. 27G a 

failure of justice in this court, owing to the absence of the chief 
Judge, and the illegal constitution of the court, (contrary to the 
statute,) pointed out in the petition from York county, p. 102. . . . 
Judge Sherwood alone, in the absence of the other two judge--, 
illegally exercised all the power of the Court of King's Bench, 
and vacated his office by absenting himself from the Province 
without the leave prescribed by Law, vide petition, p. 103. 

King's College, University of.— See University, of King's College. 

King's Printer.— O^e probably worth £1000, p. 115, 

Kingston.— Bishop M'Donell denounces the magistracy of King- 
ston, p. 35, and declares that there is an Augean {Stable to be 

cleaned out there, p. 41 a bill to allow the inhabitants of 

Kingston io elect a Town Council, passed the Assembly, and was- 
thrown out by the Legislative Council, 1820, p. 264. . . .and was 
again rejected by the Council, 1831, p. 2SS. 

Kirk put rich, Thomas, erroneous return of his income as collector 
at Kingston, Rowan 47. 



Labouchere, Right Hm'Ue Henry, M. P., friendly to elective 
councils ill the Cauadas, xxx. 

Land Granting Department ; confusion created by the multiplica- 
tion of offices in, x A grievance partly removed, xvni land 

granting system bad, Mackenzie, p. % 21G. 

Land Revenue. See Revenue. 

Lands. -See Waste Lands. Crown Lands. Clergy Reserves. 
Cultivated Lands. 



Index.] L E G 51 

L' Assomption. Catholic congregation o/— bill sent down from li e 
council to incorporate and enable certain persons to hold land* on 
behalf of, rejected by the assembly, 1 ^33-4, p. 274. 

Str. a/so Bishop McDonell'a Letters. 

Leeds Contested Eb ctions. Ro's at, xxi .... Sir J. Coll 
gards the views of the assembly relative to, xxi. . . .Conduct and 
opinion of the returning officer at, xxii. . . .renewed riots at xxii 
... .it wns held at an improper place, Buell 352. . . .Two bi 
uphold the freedom of election in this county, rejected by 
legislative council, 1835, p. 275. 

$J** Leeds Election Ballot Bill— A copy of a Bill to promol 
peace and freedom of Elections in the County of Leeds, by intro- 
ducing the Byst m of voting by BaPot, and taking the poll at 
different parts of the county, which was pissed by the Assembly, 

Session 1835, and rejected by the Legislative Council, is placx d 
as the last article in this volume, and the votes of the assembly 
thereon. 

Lefferty, Dr. John Johnson. [Analysis of his evidence]— Is op- 
posed to Elect ons by Ridings, 133. . . .the common schools not 
sufficiently num rous and efficient, 137. . . .states a cp.sc of une- 
qual taxation, 139. . . .thinks the government ought to have paid 
off the War Losses with the pubiic lands, 141. . . .considers 
House of Assembly to be a mere shadow, 143. . . .the about i 
the primogeniture law every where desired, 149. . . .the notes of 
the Agricultural Bank circulate three to one of any other 
in the Riding witness resides in, 150. . . .thinks two thirds of the 
Legislative Council should b? chosen by the Freehold rs, 153 
....thinks the system of pensioning judges by order from 
England a great hardship, 154 ...is in favor of the vo 
ballot, 15S. 

Legislative Council.— Conduct and character of, xxv. . . .Sir John 
Colborne considers it deficient in independence of character, 
xxxvi. . . .Hon'bles Messrs. Clark and Dickson express a decid- 
ed opinion as to the subserviency of its member.-, xx7:vu. . . .the 
petitioners from the county cf York complain of the almost mortal 
violence offered to the Constitution by the exercise of worse than 
military rule in the intimidation of the more dependent members 
of the Legislative Council into the views of the administration, at 
the peril of their offices, p. 103. . , .The committee recommend its 
^construction on the elective principle, xxxix. . . .Mr. Fox 
other eminent statesmen were favourable to legislative instit :* 
for Canada, on the elective principle, xxxix. . . .a majority Of Ihe 
electors of Middlesex in favour of the Elective principle, Moore 
70. .. .the adoption of the elective principle would change the 
colony into a Republic, Dunlop 164. . . .a majority of the Legis- 
lative Council are men who neither study the wishes cf the peo- 
ple nor the interests of the country. Mactnicking 450. . . .would 
prefer an Elective Council ; the p-escnt body are regardless of 
the wishes of Ihe country, Durand 47S. . . .there are not too ma - 
r.y depen ons in it, Strachan 539.... it had made ihe 

good of the province more its study than the House of Assembly 

7 



38 LEG [Ivorx. 

Legislative Council — continued. 

had, Strachan 543.... it is a proper tribunal to try impeach- 
ments, Strachan 5-18 . . .incomes of some of its officers, p. 110 
. . . .character of, by Mr. Mackenzie in his memoir to Lord Go- 
derich, p. 107. 

Address of, to Sir John Colborne, on the occasion of returning 
back to the Government, Lord Viscount Goderich's Despatch of 

8th Nov. 1832, p. 235 The Council have no desire to become 

acquainted with the contents of the statements submitted to chem 
by His Majesty's command; the statement had been made in a 
spirit of wanton and intemperate hostility to the Legislative and 
Executive authorities, p. 235. . . .his Lordship is accused of hav- 
ing- received in a condescending and respectful manner represen- 
tations evidently " outrageously insulting to the constituted 
authorities," and which the Legislative Council view M with the 
most unqualified contempt," p. 236. . . .the people have pursued 
their avocations eontentedly from the day when the author of 
these abusive papers left Upper Canada. . . .papers which cast 
unmerited insults upon the Lieutenant Governor and Legislature, 
and some most worthy individuals, papers strung together with 
little order, bearing the marks of a reckless mind, and unscrupu- 
lously thrown before the government in disregard of high authori- 
ty and in violation of official decorum, p. 237 .... the Council 
regret his Lordship's manner of speaking of the complaints 

against the Government and its officers, p. 238 the Council 

deplore the supposed necessity on the part of His Majesty's Go. 
vernment that it was necessary to quicken the attention of tho 
Colonial authorities to their duty of promoting the religious and 
moral instruction of the people, by enforcing the suggestions of 
Mr. Mackenzie, who employs his education in sowing discontent 

among a happy and loyal people his Lordship is reminded 

that the Council is not accurately described by him ns •» a 
boa'-d," but that the members hold their seats for life, thai their 
duties are exclusively Legislative, that all their discussions are 
open to the public, and that for years, and but with one inter- 
ruption, they have preserved a perfect harmony with the House 
of Assembly, p. 239.... the confidence of the Council in the 
prudence of the Parent State was in some degree impaired a 
few years ago, when they found a committee of the House of 
Commons "proposing to such individuals as happened to beat 
hand," questions "really pressing upon them as it were, to 
give a sanction by their voice to the opinion, that the [Legisla- 
tive] Councils should be rendered elective," a change not 
then contemplated by the people and one of the last which a 
friend to the colonists would wish to see adopted. .. .His Lord- 
ship is told that his injunction that Archdeacon Strachan and 
Bishop Macduaell would best consult their convenience and 
spiritual usefulness by leaving the Council was altogether un- 
called for, p. 240. . . .and the Council remonstrate against this 
assumed right of influencing the conduct of its members.... 
they trust that the "political unions," which threaten alike the 
peace and liberty of the people would not be introduced under 
Mr, Hume's recommendation, p. 241 .... the course pursued by 



Index, j LIB '7 

Legislative Council — continued. 

His Majesty's Government seems to Lie Council to evince a de- 
parture iYoin ail former usages . . . .they reqicst that their address 
may be forwarded to the Secretary of State for ti.t Colonies, p. 242. 

A return of the Members of, with the offices they hold, 
the lands which have been granted to them or to their chil- 
dren, and their pensions or emoluments from the British or 
ColoninI Governments, dated 1st July, 1832, p. 219 to p. 253 
.... Titles of all Buls of a public nature, originating in the 
Assembly and rejected by the Council or amended so as to insure 
their rejection in the Assembly, and of Bills originating in the 
Counc 1 and lost in the Assembly ; also of Bills which passed 
both House? and were refused the royal Assent, in the years 1824, 
to 1S33, n. 253, to p. 277. 

Sir John Coiborne informs Sir George Murray that it is ex- 
ceedingly difficult to fmd persons qualified to sit in the council; 

I that, composed as it is at present, the province has a right 
to complain of the great influence of the executive sovernmeut 
in it, 16th Feb'y, 1829, p. 277 10,000 inhabitants of Up- 
per Canada petition the House of Commons for a change in 
the character of the legislative council, p. 262. 

(j^r 3 Copy of the bills, to amend king's college charter, and 
to promote education, which passed the Assembly and were 
rejected by the legislative council, will be found at the end of 
this volume. 

Legislative Councils. — Lord Stanley denouuees the councils, it 

Lord Goderich's opinion of colonial legislative councils, 

in a despatch to Governor Cochrane xxvn. 

Lennox £>• Addingion : 1605 inhabitants of these counties thank 
his majesty for Lord Go'Ienck's despatch, p. 211. 

Lewis, JoJdi Bouir, M. P. P. recon^tnends Richmond and rha 

lower part of Huntley as poll a for Carletcn, p. 62 

ell acres public lands granted to, p. 250. 

Leonard, Sheriff Richard, reported by a select committee of the 
Assembly to have been present countenancing the military par- 
ty who committed the trespass at the Falls of Niagara, p. it*. 

Libel, a bill to amend the law of, passed the Assembly and was 
rejected by the legislative council 266 again re- 
jected by .he councii, I -F. Collins is convicted 

for a libel on the attorney general, proceedings in the case, p. 

356 to p. 372 The House of Assembly resolve, that it is 

inconsistent with the liberty of the press that a person should, 
before conviction, be called upon for good behaviour, 

upon so indefinite an offence as !i bur- 

leu's opinion rig^in?'. taking s i -. p. 

370. 



40" 31 A C [Indlx 

See also, Expulsion of W.JL. Mackenzie. 
Licences, lntjiectcrs of. See Inspectors of Licences. 

Lieutenant Governor, The. — Alone, appoints collectors of cus- 
toms and excise revenue, Rowan 1J submits only so much 

oi* his correspondence with the colonial office to the executive 

council as he thinks fit, RowanBQ Is to consult the comi- 

need not follow their advice, Markland -i&6. 

Lloyd, lion. Arthur — 1200 acres of public lands granted to, p. 2.30. 

London District. — List of the Justices of the Peace, p. 304. .. , 
List of the Commissk riers of the Court of Requests, p. 330. 

Losses in the War with the United States. See War Losses. 

Lount, Samuel, M. P. P.—Recommends Holland Landing, Bar- 

rie, the Narrows, and on the town line between Tccumselh and 
Adjala for polling places in Simeoe, p. GO. 

LowSr Canada. Attempt, by the Executive Functionaries to dw. 
member, xlvi. . . acceptance of office held to va-ate a scat in 
the House of Assembly of, Mackenzie, p. 200 . . . . A Bill to appoint 
commissioners to meet the commissioners appointed by the Pro- 
vince of Lower Canada to consider matters of trade, boundaries, 
canal and Saint Lawrence river improvement, and other matters 
of mutual interest to the two Canadas, passed the Assembly 
of U. C. 1829, and was altered by the council so as to injure its 
rejection by the Assembly, p. 265 passed by the Assem- 
bly and thrown out by the council, 1830, p 266 passed a 3rd 

tune by the Assembly and again altered by the legislative coun- 
cil so as to cause its rejection in the Assembly, 1831, pS68. . . , 
passed a fourth time in the Assembly and rejected by the legis- 
lative council, 1832, p 289 Mr. Mackenzie brings the frequent 

rejections of this Bill, coupled with the fact of a similar Bill 
having passed into a law in Lower Canada to the notice of His 
Majesty's Government, p. 290... Letter from Mr. Mackenzie 
to Lord God.:ricb, protesting against the scheme of the Execu- 
tive Officers here who were attempting to excite dissension be- 
tween the provinces by agitating the question of the dismem. 
berment of Lower Canada, and the annexation of a part of it 
to Upper Canada; with the votes, and declaring that the yeo, 
u.atiry had no wish, to be parties to the injustice, p. 286. 
See also, Montreal. 

Loyalists.— &:e U. E- [United Empire] Loyalists, 

Lutherans. — They receive no government bounty to support their 
clergy, xiv. 

\facaulay, Hon. James Buchanan — his income as a puisne' jadgq, p. 



fiftfts*.] MAC 41 

^'urdonald, Archibald— 800 acres public lands grunted to, p, 254. 

Mac<!o)ifl\ ilexander, M, P. P. (of Northumfcorland;— -7321 expen A 
u 1 by, on emigration, p. 170 — 2892. of which arc lor his services as 
an agent, p. 172— 600/. paid him to complete the Peterborough 
mill, 1827, p. 164 Agent to commissioner of crown lands ; du- 
ties of that office, p. 336. 

Macionell, Alex., ofPrescolt, M. P. P., Sheriff' Ottawa District; du- 
ties of that cilice, p. 33G. 

Mecdmell, Hon. Alexander, inspector and collector of tavern licen- 
ces, Toronto — his public offices and income, p. 117. 

McDove!!, Alexander — Bishop of Regiopdis. — Vote on a motion in 
assembly to suppress the publication of his letters to Dr. 

O'Grady, l Complaints against him for alledjred peculation, 

O'Grady, 222, 223 Letter "to Rev. W. J. O'Grady, 8lh June, 

1829, authorizing him to pay a gratuity to Mr. Mudge for perform, 
iog his official duty, p. 30 Mr. Mudgc's letter refusing the gra- 
tuity, p. 31 Exercised a political influence over his clergy in 

conjunction with Sir. J.Colborne ; got up a petition and inveighed 
from the pulpit against Mr. Mackenzie ; attended a meeting at 
Mrs. Jordan's and havrangued the people; shocked and scandalized 
the Rev. Mr. Gordon by the manner in which be carried on his 
political crusade between Toronto and Penetanzuisheno, O'Grady 
225. 

Letter to Rev. W. J. O'Grady, 23rd January, 1831 finds it neces. 

sary to remove Rev. Mr. Crevier to Penetanguishene where bis 
hearers would be Indians; if the parishioners of (/Assumption 
are refractory the parish may be put under interdict ; Dr. O'Grady 
directed to consult with Sir J. Colborne, and obtain such recom- 
mendations as would procure him support from the civil authori- 
ties of the Western District; Mr. Crevier would be admirably 
qualified to match the Yankee Methodists, and to rescue the In- 
dians " from the fangs of these reptiles," pages 32 and 33. 

Letter to Rev. IV. J. O'Grady, 30th Nov. 1830— describes the ma- 
gistracy at Kingston ; Sir. J. Colbcrne had his thanks for inform- 
ing him why he could not appoint the persons he had recommend- 
ed to be put in the commission of the peace, p. 35. 

Letter to the same, 1st Dec. 1830 — re; ol -red not to answer the petition 
of certain persons in Sandwich ; regrets that a lot given to the 
church should have been sold for taxes ; procrastination of the 
council relative to the grant of a lot on the Trent ; since General 
Brock's death he had found an incessant secret influence under- 
ming his exertions for the instruction of the catholic?. Doctor 
Strachan and Justice Powell, " who under the nominal administra- 
tion of Colonel Smith, Mr. Gore, and Sir Peregrine Maitland, ac- 
tually governed the province until the}' quarrelled amongst them- 
selves," resist for 7 ycorsXord Bathurst's orders to pay salaries to 
catholic clerg}men ; is indignant at the conduct of two missiona- 
ries in the western district for supporting another candidate and 
not Mr. Baby ; finds his funds drained by educating, clothing and 
boarding 7 or 8 ecclesiastics for many years at his own ex- 
pense, pages 35, 36, 37 38, 39. 

Letter to the same, 2Gth Jan. 1831— complains of the shuffling and 
unmanly conduct of the council relative to a lot at the Trent ; 
describes the conduct of the magistracy of Kingston as being very 



A2 



M A C 



[Indbx. 



Mc&oncll, ALx., (Bishop of Regiopolis) — continued. 

improper, and that there is an augean stable to clean out there ; 
divibiun of the public money to catholic clergymen ; Mr. Fraaer 
having made a decent competency by his speculations at Kingston, 
not entitled to a quota, pages 39, 40, 41, and 42. 
Letter to the same, 16th Jan. 1820; Dr. O'Grady to exercise the 
control of a vicar general over the catholic clergy ; purposes to 
which Cardinal Weld's JC1000 had been applied ; the bishop in- 
tended petitioning His Excellency on behalf of the Penetanguish- 
enc Indian?, p. 60. — is less anxious to promote the catholic reli- 
i , he being a pensioner and independent of the paople ; his hos- 
tility to Dr. O'Grady had its origin in politics, King 514 

amount of pension paid him, £3856, p. 123 Salary .£555 15s. 

Hd., p. 133 do. p. 138 £194 8s. lOd, paid him as pension 

for ** special services" p. 140 Letter, Colonel Rowan to, with 

statement of grant of public money, 900/. sterling by order of Se- 
cretary of Slate, to build churches, 1833, p. 159 list of com- 
missioners to expend this sum, p. 160 letter, Colonel Rowan, 

grant for 1834, 550/. sterling, and distribution of the same, p. 161 

Lhe commissioners to expend the grant on the chapels, p. 162 

Lord Groderiek is rather predisposed to the opinion that by re- 
signing his seat in the legislative council he would best consult his 
person;l comfort and the success of his designs for the spiritual 

good of the people, p. 228 the legislative council rebuke Lord 

Goderieh for this expression of his opinion, and remind him that 

his interference was uncalled for, p. 240 his return of offices 

and land grants, 132, p, 250 appointed to a seat in the legisla- 
tive council, p. 277. 

See also, Very Rev. W.J. O'Grady. Rev. Angus Macdonell. 
James K 

McDonelh Rev, Angus. [Analysis of his evidence.]— John Saw- 
yer received about £20 for teaching school in Toronto, 288 

\viinrs3 u. tails tlio distribution of the public money granted for 
building churches, 293 never petitioned the head of the Ex- 
ecutive complaining of peculation by Bishop McDonel), 296. . . . 
Bishop McDonell received from £2000 to £3000 in England 
which he lodged with Maitland, Garden, and Auldjc, who failed ; 
he has been compelled to pay the money, 300. . . .the Bishop has 
a power to appropriate part of the annual grant from the public 
money to schools, 301 ... .it depends on the opin:on of the gov- 
ernment whether it is jo*t to pay the teachers of some religious 
sects from the public fiindsyviihont the consent of theLegislature, 

while others remain unpaid, 302 the Clergy Reserves are 

a real grievance, 304 clergymen ought not to sit in the coun- 
cils, 30>3. . . . the common schools in the Western District are net 

sufficiently numerous and efficient, 300 thinks the District 

ools are in most cases a nuisance ; would recommend the 
100 to be divided among four common schools, 307.... the 
tythes exacted in Glengarry or Sandwich are the 26th bushel of 
Traill oniv. 308. 

McVomU, Donald, M. P. P-, recommends Wilhamsbiirgh and 
Alexandria, if two. or Alexandria, if one polling place were used 

in Glengarry, p. 65 Sheriff Eastern District ; duties of that 

office r p. : 



Index.] M A C ! | 

McDoruV, Donald JEruas, *[. P. P. propers Cornwall, and 

in Osm.bruck for polling places in Stormon!, p. 05. 

Macfarlane, Jamc s, formerly received £50 per a-raum, as a retainer, 
from Casual Revenue, p. 184. 

McGill, Hon. John— amount of pension paid him. £8, COO, p. 122 
. .. .appointed an Executive Councillor on the recommendation 
of Governor Gore, Caslleieagh, p. 303. 

Machar, Rev. John — £1000 paid him for building presbvle- 

rian churches, p, 134 his letter in explanation of the 

expenditure of £945 of the money, p. 158. 

Mackay, Thomas, 31. P. P., his opinion as to the most cen- 
tral polling places for Russell, p. 63. 

Mackenzie, A. K.—Hh letter to Col. Rowan concerning the 

ernment mc 
ins, p. 156. 



Mackenzie, A. K.— His letter to Col. 1 
intended expenditure of the government money for build- 
ing chapels for Canadian Wesleyans, 



Mackenzie, W. L. — His motion for printing certain docu- 
ments xlix Bishop McDonell gets up a petition and 

inveighs in the most unbecoming manner against, in the 

church in Toronto township, O' Grady 225 his letter 

to the Inspector General for vouchers to R. Mount's expen- 
diture of £7,558 on Emigration, p. 173 Extracts and 

selections from his official correspondence and papers rela- 
tive to his mission to England as Agent for 24,500 inhabi- 
tants of Upper Canada, page 188 to page 299 Certi- 
ficates and resolutions of public bodies and meetings ap- 
pointing him Agent to London, p. 189 -Indenture of 

the County of York with the Returning Officer, appointing 
him a Member of the House of Assembly, after his second 

expulsion, p. 190 Letter to, from Mr. O'Connell, p. 

190 Letters to — from Lord Howick, p. 191 from 

the same, p. 192 from Charles Douglass, Esq. Private 

Secretary to Lord Goderich, p. 193 from Lord How- 
ick, a note, p. 193 from Lord Howick, p. 194 from 

B. J. Balfour, Esq. p. 195 Xotes from Lord Goderich 

relative to an interview, and a memorandum' concerning 
the audience had of his lordship the day previous to the 
date of his despatch to Sir John Colborne of the 8th of 
November, 1832, p. 196. 

Selections from Mr. Mackenzie's official memorials to 
.Lord Viscount Goderich, transmitted by him to Sir John 
Colborne, and sent down to the House of Assembly, with 
the despatch of the 8th of Nov. 1832, numbered A. to L 



44 



M A C 



I.VDE2 



Mimcktnz'u, TV. L. — continu xl. 

page 196 to page 216 he is presented for libel by the 

tnd jury at' the Home District, in the matter of i 
Phil I potts and the Crown Lawyers, but the rase is not tried. 

!>. 204 Lord Goderich's Despatch, in answer to the 

complaints of the people, p. 217 Aspersions thrown 

upon, by the Legislative Council, in their address to Sir 

J. Colborne, p. 23i, to 242 letter from Lord Howick, 

p. 273 'eiter to Lord Goderich, 9ih Jan'y 1S33, p. 

279 letter to the same, 19th January, 1803, p. 286 

letter from Lord Howick, p. 291 note from do. p. 293 

— certain representations made by Mr. Mackenzie against 

the Crown Lawyers, p. 291 Note from Mr. Earle, ap- 
pointing a'n interview with Mr. Secretary Stanley, p. 299 

Note from Lord Althorp's Secretary with thanks for 

statements sent his lordship on colonial affairs, p. 299 

the House of Assembly (1829) resolve that partiality had 
been exhibited by the government in the prosecution of his 

press for alledged libel, p. 362 brought the Niagara Falls 

outrage under the consideration of His Majesty's Govern- 
ment, p. IV*. 

McLean, Archibald, Jf. P. P., income, 1334, p. 116 . 

return of his offices and emoluments, and of 1400 acres of 

public lands granted him, p. 254 his offices and duties, 

p. 336. 

Macnab, David A. — Income, p. 116. 

Macmicldng, Gilbert, M. P. P.— (Analysis of his evidence.) 
Latterly strangers and half-pay officers chosen to fill the 
Commission of the Peace in the District of Niagara, 432 

the public lands ought to be applied in liquidation of 

the War Loss claims ; General Brown, of the U. S. Army, 
once told witness that the Crown and Clergy Reserves would 
in a manner have repaid the Americans the expense of their 
invasion of Canada, 437 2500 acres in Lincoln were re- 
served in lieu of side lines between 1787&1789, 1500 acres 
of which granted by licence of occupation from the gov- 
ernment to the Church-wardens of the Church of England, 
altho' a common, the property of the several towns, 442 

would recommend a law for the abolition of militia 

trainings, 449 thinks that a majority of the Legislative 

Council are men who neither study the wishes of the peo- 
ple nor the interests of the country, 450 the mere weal- 
thy clas; of emigrants go to the" United States and reside 



Index.] MAI 45 

Miumkk'tng, Gilbert, M.P.P. — continued. 

there, alledging that they like the management of that coun- 
try, 463. 

His evidence on the petition of W. Forsyth a gross 

outrage was perpetrated in defiance of the laws h crea- 
ted very great excitement in the country, but no justice 
has been obtained against the parties, p. 4*. 

McCrca, VSilliam, 31. P. P., recommends Chatham as tfce 

polling place for Kent, p. 66. 
Magistrates, See Justices of the Peace, 

Maitland, Sir Peregrine ; Doctor Strachan and Justice Pc- 
well governed the Province, under his nominal administra 
tion, till they quarrelled among themselves, Macdoncll, p. 

37 memorial addressed to him against depriving the 

Court of King's Bench, in session, of a casting voice, bv 
permitting the Chief Justice to leave the Province ; -peti- 
tion, p. 103 his almost constant absence from the seat 

of government, his ignorance of the people of the country 
and the system of espionage that prevailed in his govern- 
ment, complained of, ib. p. 103 warrant for his travel- 
ling expenses, p. 182 his characteristic despatches shew 

the existence of that system of espionage fo which many a 
worthy man fell a victim ; he dismissed Judge Willis from 
the bench and promoted in his place the custom-house offi- 
cer at Kingston ; quarrelled with the House of Assembly 

and was promoted to Nova Scotia, Mackenzie, p. 206 

report of a committee of the Assembly on the military out- 
rage committed by his order on the lands and property of 
Mr. W. Forsyth of the Falls of Niagara, p. in* For- 
syth's petition, 1* Chief Justice Robinson's account of 

the proceedings in the affair at the Falls, p. 5* Capt. 

Phillpoits's statement of the authority he had from, p. 12* 
Sir P. Mahland's despatch of 29th March, 1828, to Mr. 
Huskisson, stating the matter of the imprisonment of Cols. 
Coffin and Givens, the affair at the Falls, and traducni 
the character of Mr. Forsyth and the select committee to 
whom the House of Assembly had referred his petition, p. 

13* Major Hillier communicates his order to Colonel 

Givens not to obey the summons of the Committee of the 
Assembly, appointed to enquire into Forsyth's cqtiiplript, 

p. 18* Colonel Coffin states to his secretary, that ha 

had obeyed his commands to disobey the Assembly's sum- 
mons, and that the Assembly had sent him to jail where 
then was, and praying the advice of the crown officers p 
' 8 



46 JV1 A If 

Maitland. Sir Peregrine. — Continued. 



[Index- 



19* — : — Sir G. Murray, in a despatch lo Sir J. Colborne, 
censures Sir P. Maitland lor ejecting Forsyth by the aid of 
a military force from his property, and for the lack of dis- 
cretion in preventing the two Colonels from giving evidence 
before a Committee of the Assembly appointed to enquire 

into the merits of the case, p. 20* Lord Stanley calls- 

on him to explain his conduct — — his despatch in reply 
(24th June, 1833,) p. 21* ; he declares his previous igno- 
rance of Sir George Murray's animadversions, and acknow- 
ledges with thankfulness Lord Stanley's sense Of justice in 
submitting to him Sir George's despatch previously 
to laying it before the House of Commons ; he states 
the case between him and Forsyth, p. 21*, and quotes a 
case in point which he states to have occurred at Washing- 
ton, p. 22* ; encloses to Lord Stanley, explanations by 
Messrs. Boulton and Hagerman, p. 24*. 

Majoritity. The r Lord Goderich desirous to defer to the opi- 
nion of, rather than to that of the minority of the people 
upon questions of local interest, p. 279. 

Malleoli, Edward, M. P. P., his opinions as to the most 
convenient places for holding count v elections in Car'eton, 
p.. 66. 

Maryland, Hon. George II. (Analysis of his Evidence.) — 
inadvertantly omitted the £550 to the Methodists In copy- 
ing from the Warrant Book, 431 it would be more a- 

greeable if the duties of t)*a Inspector General's office 
were defined by Statute, 483 — the vouchers for the £2800 
paid the Methodists arc the warrants in the Receiver Gen- 
oral's hands, 485 £284 15 5Jd; of a balance due bv 

Mr. ilagerman when Collector of Custonrs had been taken 
from the public accounts because he claims a larger sum 

not yet allowed by the Council, 486 the Lieutenant 

Governor is to consult the Executive Council on land 

grants, 488 Executive Councillors are made by the 

King, 493 had read Mr. Elmsley's letter, 494 if 

the House of Assembly considered a public officer deserv- 
ing of impeachment, they might address the Governor, 
and if it were just he could remove him from office, 505 

this witness in many cases refused to state his opinion 

or afford the explanation sought by the committee. (See 



page 16 to page 80.) 
JfcLb income, p. iio~ 



Lettei to Col.' Rowan 



Lvdm.] M E '} 

'land, Hun. G. //. — continued. 

ing an omission of £550 to Methodists, p. lot' Letter 

to by W. L. Mackenzie, for vouchers io R. Moont's expen- 
diture of £7,558, p. 173 his return oi' ollices, emolu- 
ments and kind grants, p. 250 Letter to Col. Rowan, 

with circular to Collectors of Customs, p. 3o3, 

Marriage Bill. — A Bill to make valid certain marriages that 
had been contracted and to provide for the future solem- 
nization of matrimony, extending the right to marry to t lie 
ministers of the methodists and other denominations. Sent 
up to the Legislative Council as passed by the House of 

Assembly, and rejected by the Council, 1S24, p. 258 

again passed by the Assembly and altered and changed by 
Council so as to cause its rejection by the Assembly, 1S2G, 

p. 260 again passed by the Assembly and thrown out in 

Legislative Council, 1827, p. 262 again passed by the 

Assembly, and so altered and changed by the Council as to 
induce the Assembly to decline acting on it, 1828, p. 263 

again passed by the Assembly and again rejected by 

the Legislative Council, 1830, p. 266. 

Matthews, Capt JoX^ — a victim to secret informers, p. 202, 

Methodist Ministers. — Several of them refuse to accept any 
part of the public money from government, £iv, 

Methodist Missions, expenses of, to be defrayed from the 
government bounty to their clergy, Sanson, p. 154. 

Methodists, Vide Report, xv.^— - — .£2,800 paid tltcm by gov- 
ernment out of Canadian Revenue, p. 167. 

1. Canadian Wesley an Methodists. 

2. British Wesle.yan Methodists. 

3. Primitive Methodists, 

I. JJethudisl Ej'isecjjal Church m Cxmada. 

V. Canadian Wesley an Methodists, receive public money in 

i and 1834, xv- £(366 paid John Willson for then?, 

p. 134 — — jCG88 paid do. for them, p. 140 2 letters 

from Colonel Rowan, 1833 and 1834, requiring an explana- 
tion ns to the purposes to which they intended applying the 

lies, p. 153 :o 155 tlioir resolutions in fre- 

' oo's letter, p. [• 



4S 



M E IN 



[Index. 



2. British Wesleyan Methodists. Formerly known as Isle-. 
thodist Episcopal Church; receive public money in 1833 

and 1834, xv are rebuked by Sir John Colborne and 

their loyalty suspected xvi a mutual good understand- 
ing established with the government since they received the 
public money xvi Bishop McDonell orders Rev. Mr. 



the Indians from the 
-The £550 to 
an explana- 
£1000 



Crevier to Penetanguishene to rescue 

fangs of the Yankee Methodists, p. 

ihem inadvertantly omitted, Markland 481 

tory letter about the £550, sent, Rowan p. 129 

put to Messrs. Hasiop and Marsden's credit for their use, 

p. 133 Mr. Mainland's letter to Col. Rowan explaining 

omission of the £550 to them in the Blue Book for 1834, 
p. 150 Colonel Rowan's letters of 1833 and 1834, re- 
quiring to be informed as to the purpose they intended to 

apply the government grant, p. 154 answer by the Rev. 

Joseph Stinson,p. 154. 

3. Primitive Jfethodists, — Receive no share of the public 
monev, xir. 



4. BletJiodist Episcopal Church in Canada. — Address to Sir 

John Colborne, Sept. 8, 1831, p. 150 his reph', accus- 

ing their preachers of meddling in politics, complaining of 
their officious interference with the Indians, offering their 
preachers the same protection as all Americans enjoy who 
had found an asylum in the Province, regretting the organ- 
ization of the Church of England, reminding them of their 
separatists, and that in after years the Province would be 
peopled with "millions of our own countrymen," doubting 
their experience and judgment as to Education, and men- 
tioning that " there are few individuals who think that mi- 
nisters of the Gospel can conduct political journals, and 

keep themselves unspotted from the world," p. 151 

the Methodists, in 1S28, petition the House of Commons 
against Dr. Strachan's misrepresentations and in favour of 
equal religious rights — their memorial is presented by Mr 
Hume, p. 281. 

Menonists — Receive no part of the Public Money, xiv 

Lord Goderich expresses his anxiety that they should be 
admitted to participate in the advantages of the Elective 
Franchise, p. 224 a Bill passed by the House of As- 
sembly and rejected in the Legislative Council to relieve 
them from fines for not performing militia duty in time of 

p r ace, 1830, p. 267 a similar bill rejected by the 

Council, 1835, p.. -?74. 



Index. %] O N 49 

Merritt, William Hamilton, 31. P. P. — Proposes Dunuvillo 
and Stoney Creek as the polling places lor Haldiinand, p. 

67 his offices, p. 118 and p. 122 1000 acres of 

public lands granted to, p. 255 his offices and duties, p. 

337. 

Midland District. — List of the Justices of the Peace, p. 313 

List of the Commissioners of the Courts of Requests, 

p. 323. 

Military Chest. — Payments out of, at Montreal, p. 184. 

Military Governors — Declared by the petitioners from York 
County to be unsuitable for bearing rule in the civil govern- 
ment of this Colony, p. 103. 

Military Outrage. See Niagara Falls Outrage. 

Militia. — Complaints relative to appointments in. Wilson 106 
militia, 1833 and '34, p. 107 ditto, 1830, p. 109= 

Militia Fines. — A Bill to relieve Quakers, Menonists and 
Tunkards from the payment of, in time of peace, rejected 

by the Legislative Council, 1S30, p. 267 and again 

rejected, 1835, p. 274. 

Militia Trainings ; would recommend the passing of a law to 
abolish them altogether, 3Jacmieking 449. 

Missionaries of the Church of England — 85 per cent on 
their salaries paid from province revenue, £4,220 7 4fd. 
p. 138 Pensions to retired missionaries, p. 147 ta- 
ble of, for 1834, p. 165 no monies to be paid to from 

England after 1st of April, 1834, p. 167. 

Monopoly — the United States have a virtual monopoly of the 
supply of the West India markets with produce, Macken- 
zie t p. 215. 

Montreal. — Attempt of the executive functionaries to dis- 
member Lower Canada by annexing Montreal to this pro- 
vince xlvi Lord Howick is instructed by Lord Gode- 

rich to deny in the most unqualified manner that the ques- 
tion of uniting Montreal with Upper Canada had been agi- 
tated by authority from His Majesty's government p. 279 

Mr. Mackenzie shows His Majesty's government by the 

evidence of Sir R.J. Wilmot Horton,&c, that the ques- 
tion of dismemberment had been under consideration in 



30 MOU [Un 

Montreal — continued. 

England ; and also that the officers of government in Up- 
per Canada had countenanced it, p. 2S6 resolution of 

House of Assembly of U. C. requiring a port of entry hv sea, 
p. 288. 

Moore, Elias, M. P. P. (Analysis of his Evidence. )-Inequalitv 

of taxation of lands affords a ground for complaint, 53 the 

settlers and House of Assembly have given the land its va- 
lue, 55 the revenue on wild lands ought to be applied 

to pay war losses, 56 thinks it unjust to pay certain 

christian sects a bounty for their religious services, 57 

is in favor of a government responsible to public opinion, 

5S wishes all reservations of public lands, otherwise 

than for education, disposed of for public uses, 62 and 

that the whole public revenue should be applied only ac- 
cording to law, 64 the passage of the intestate estate 

bill desired in Middlesex, 65 —the manner of appoint- 
ment of justices of the peace in the London District very 

unsatisfactory to the people, 67 considers the Canada 

Company a curse to the province, 68 believes that a 

majority of the electors of Middlesex are in favor of an 

elective council, 70 is opposed to pensioning the judges 

by orders from the colonial office, 72 thinks the appoint- 
ment of an agent in London would be beneficial to the 
commercial and agricultural interests of U. C. 77 con- 
siders the misapplication of the revenue one cause why 
hundreds of thousands of acres of wild lands had to be 

sold for taxes, 70 thinks that the people are desirous of 

die vote by ballot, 83 great inconvenience felt in Mid- . 

dlescx owing to the polling places selected at elections, 85. 

Morrison, Dr. R. (late of Royal Navy) — the lands applied fur 
bv Itis brothers on his death, had been granted, Howick, 

V . 192. 

Morris, William, M. P. P. — Moves the House for the suppres- 
sion of the publication of Bishop McDonells letters to Dr. O'- 

(Jrady's i. proposes Carloton Place & Penh as suitable 

polling places in Lanark, p, 66 1000 acres public lauds 

granted to, p. 254. 

Mountain, Dr. George, was paid £222 in IS26 from C' ; 
Reserve Rents, for expense of a jottuiit'j to England on the 
concerns of too clergy, p. 1.6-J. 

Mann! . 4 Rover >{ — £ q i8iil-3if < 



lSDV.X.] \ r V ij 

Mount, Ixosirttl —continued. 

by, p. 170 detailed statements of tlio expenditure of 

£7558 on Emigration by, page 172 to p. 175. 

Murray, Sir George, Extract from a Despatch to, by Sir J. Col- 
borne, dated 16th February, 1829, p. 277 a Despatch 

from, to Sir John Colhoine, concerning Sir P. Mailland 
tor lack of discretion in the affair of Colonel Givens and 
Coffin, and for having had recourse to the military instead of 
the civil power in the case of Forsyth, p. 20* 



;* 



NT. 

Ntlles, Hon. Abraham — 2200 acres of public lands granted 
to, p. 252. 

Newcastle District. — List of the Justices of the Peace, p. 
310 List of the Commissioners of the Courts of Re- 
quests, p. 324. 

Newspapers, Taxes on — an ancient and venerable abuse from 
which a Colonial Officer derives a great revenue, p. 203— 
address of enquiry into the amount of the, p. 338. 

Niagara District. — Address ol the inhabitants sent to Lord 

Goderich, and laid before the King, p. 193 List of the 

Justices of the Peace, p. 306 List of the Commission- 
ers of the Courts of Requests, p. 329. 

Niagara Falls Outrage. — Report on W. Forsyth's Petition, 

ordered to be printed, xlix report, pages in*, iv*, v* 

vi* Mr. Forsyth was in peaceable possession of an es- 
tate at Niagara Falls ; Sir P. Mai da ml issued orders to dis- 
possess him of a part of it ; Capt. Phillpotts obeyed, en- 
tered Mr. F r s premises with a party of soldiers, and in de- 
fiance of his remonstrances damaged his property on the 
l8th of May, 1827 ; this outrage they soon after repeated 

by Sir. P. -Mankind's authority, p. in* these outrages 

were unknown to the Attorney General, who was soon after 

instructed to defend Phillpotts Mr. F. was- baffled in his 

attempts to obtain redress in the ordinary courts of law ; 
he petitioned the assembly, who took the matter up ; Sir 
Peregrine Maitland ordered Coloneis Givens and Coffin, 
whom they had summoned, not to attend, so the Colonels 
went to jail rather than testily ; the committee reported 
that Sheriff Leonard was present and countenanced the 
outrage, that both the crown officers were engaged i ; 



Tri 



?f I A 



JIndex. 



Viagara Falh Outrage — continued. 

defence of the persons guilty of it, that a person, long in 
possession of land, like the petitioner, might he ejected by 
law ; but that military interference for maintaining suppo- 
sed or contested rights is justly regarded with jealousy in 

all free countries -the House of Commons enquire into 

the subject, p. it* Sir. P. Maitland's despatch to Mr. 

Huskisson relative to, contains a gross attack on the House 

of Assembly, and personal slander against Mr. Forsyth 

Sir George Murray condemns Sir Peregrine's conduct — — 
Mr. F. harrassed by the government sells his property be- 
low its value, p. v* the purchasers more fully prove his 

title by enclosing the disputed part and obtaining a verdict 

of trespass -it is recommended to the House to address 

the Lieutenant Governor, desiring him to bring F's case 
before the King's Government, in order that redress and 
remuneration may be afforded him, p. vi* 

Mr. F's. petition, March, 1835, p. 1* -the govern- 
ment had not abandoned to Clark <fc Street (the purchas- 
ers from Forsyth) the strip of land disputed -two ver- 
dicts had decided it to be a public reserve ; Clark &. 
Street had since obtained a verdict of trespass on it, which 
the King's Bench had since set aside ; and witness con- 
sidered C. &» S's. claim an unrighteous one, Jameson p. 

3* -the outrage created much excitement, Macmicking. 

p. 4* the general feeling of the country was opposed 

to the outrage by the military, Thorburn y p. 4* Sir J. 

Colborne's Despatch to Lord Goderich, with documents 

applied for by the House of Commons, p. 4* Letter, 

Chief Justice Robinson to Col. Rowan, 31. Dec. 1832, de- 
fending 
p. 5*- 



is character -liis statement of the Forsyth case, 

■Forsyth tried to exclude the public from the Falls; 



the public were annoyed, and complaint was made to Sir 
P. Maitland, who directed Capt. Phil! potts the engineer 
officer to open the grounds to the people ; Jones who had 
originally surveyed the premises was with Phillpotts ; For- 
syth brought two actions ; the Chief Justice (then Attorney 
Genera!) defended Phillpotts; filed an information of in- 
trusion against F. ; in all the actions Mr. F. was the loser, 

Robinson, pages 6* and 7* while his (F's.) action was 

pending he petitioned the Assembly, whose report appears 
on the journals, Robinson, p 8* Capt. Phillpotts' state- 
ment, Jan. 9. 1833, p. 12* Sir P. Maitland's Despatch 

explaining his proceeding's, and the circumstances growing 
out of the outrage, p. 13* summonses from the com- 
mittee of the Assembly, with Colonels GiVens and Coffin's 



*NPEX.] OFF 

Niagara Falls Outrage — continued. 

answers ; Major Hillier's ietter to Colonel Givens refusing 
His Excellency's permission and Colonel Coffin's letter to 
Major Hillier asking permission from the Executive to ap- 
pear before the Assembly's committee, p. 18* and 19* 

minute of the Executive Council, and Despatch, Sir G.Mur- 
ray to Sir J. Colborne, 1828, p. 20* Despatch, Lord 

Stanley to Sir P.Maitland, and his reply in explanation, p. 

21* note by Mr. Hagerman and letter by Mr. Boulton, 

addressed to Sir P. Maitland, with further explanaiions, p. 

24* address to Sir J. Colborne, stating, as the opinion of 

the Assembly, that Mr. Forsyth's case is an aggravated one, 
deserving the early and favorable consideration of His Ma- 
jesty's government Sir J. Colborne's answer, that he 

would transmit the address to England but could not fa- 
vourably recommend it, p. 26* extract from the At- 
torney General's report on the, p. 26 f 



;- 



Norfolk County Separation Bill. — A bill to constitute Nor- 
folk into a separate District, passed by the Assembly and 
rejected by the Legislative Council in each of the following 

years, viz :—m 1829, p. 264 in 1830, p. 266- in 

1833, p. 272 and in 1835, p. 275, 

Norton, Hiram, SI, P. P., his opinion concerning proper 
places to hold the poll in Grenville, p. 64— — Lord Godgr- 
ich's remarks on bis return for Grenville, p. 230. 

O 

0? Council, Daniel, SI. P., Assists the Canadians in their ef- 
forts to obtain a redress of grievances, xxiv in favor of 

the establishment of elective institutions for Canada, xxxix> 

O^Connell, Morgan, ST. P., letter from to W. L. Mackenzie, 
stating that his father would be happy to see him, as he takes 
an interest in the affairs of the Canadians, p. 190, 

Officers, Colonial if it could be shown that they had been 

remiss in the performance of their duty, they would be dis- 
missed, Goderich, p. 208 Where their duties are not 

precisely directed by law, the Lieutenant Governor can 
only assume the nature and extent of them from the state- 
ments of the parties themselves, Colbornfr, p. 301. 

Officers, incomes and salaries of. See Salaries and Incomes of 
Public Officers. 

9 



54 



OGR 



[Index. 



Official Advertising Bill. — A Bill to regulate the price of all offi- 
cial advertising, and the form and prices of Sheriffs Sale No- 
tices, passed by the Assembly and rejected in the Council, 

1832. p. 269 Lord Goderich reminded that this bill, to di- 
minish law costs, had passed the Assembly, with but two 
nays, and been rejected by the Legislative Council, p. 285. 

O' Grady, Very Rev. W. J. (Analysis of his Evidence.) — Thinks 
that the ministers of religion should be supported by their 
congregations, and has observed that wherever clergymen are 
connected with the state their functions are carelessly dis- 
charged ; the catholics of Ireland and their clergy are opposed 
to a union with the state, 124 the House of Assembly pos- 
sesses no effectual check on the Executive, 128 reasons for 

the opinion that judges and clergymen ought not to sit in the 
Executive and Legislative Councils ; Sir John Colborne had 
intimated to the Archdeacon of York that his services in the 

two councils could be dispensed with, 130 considers the 

Canada Company an injury to the colonists, 131 is in fa- 
vor of an Elective Legislative Council, 132. 

[Second Examination] Witness obtained his information 

relative to the bargain between the Government and the Cana- 
da Company from Sir J. Colborne, who was at a loss what to 
do for money to pay the churches unless it were obtained from 

the Company, 221 the grants to the Catholic Clergy had 

not been applied to the purpose intended by government, 222 
The money passed through witness's hands as Vicar Ge- 
neral ; its misapplication was often complained of by clergy 
and laity ; Rev. Angus McDonell and Wm. Fraser complained 
by petition; a commission was appointed by the Catholics of 
Toronto to enquire into the appropriation; the commissioHers 
reported that there had been gross peculation, and memorialized 
Sir J. Colborne, but to no purpose ; witness had addressed the 

Colonial Office on the subject, 223 No uniform scale of 

allowance was made iu paying the government bounty to the 

clergy ; all depended on the Bishop'3 caprice, 224 proofs 

that the Catholic Bishop exercised a political influence over 
his clergy in conjunction with Sir J. Colborne, 225 it is no- 
torious that all offices of honour and emolument in every de- 
partment of the government are monopolized for the most part 
by some two or three private families and their adherents, 226. 

Sundry letters from Bishop McDonell to this witness, 
and several receipts, with a letter from the late Mr. Mudge 
were given in evidence, in corroboration of his testimony, 
for which see pa*es 30, 31, 32, 33, 34, 35, 36, 37 38* 
39, 40, 41, and 43. 

[Third Examination.]— -Had been incumbent of Toron- 
to, since 1830 ; 392 John Sayer opened school inYork, 

1833, received no public money, 393 Sir J. Colborne's 

letter to Bishop McDonell relative to Dr. O 'Grady and the 
application of one-fourth of the public money granted to 



Index.] PAR 55 

O" Grady, Very Rev. W. J. — continued. 

the Catholics for the support of schoolmasters, 394—— — 
£1000 were sent by Cardinal Weld to Bishop McDonell 
i'or the purpose of erecting a church or seminary at Guelpb; 
the Bishop applied the money to other purposes, 395 

Letter, Bishop McDonell to, January 16th, 1830— Dr.. 
O'Grady to exercise the control of a vicar general over 
Mr. Gordon and other clergymen ; purposes to which Car- 
dinal Weld's £1000 had been applied ; Dr. McDonell in- 
tended to petition His Excellency on behalf of the Indians 
of Penetanguishene, p. 60 witness had heard Mr. Ba- 
by and Mr. Fraser express their opinion as to the correct- 
ness of the charge of peculation brought against the Bi- 
shop, 396. 

Vote of the House of Assembly on a motion to suppress 
the publication of Bishop McDonell's letters to, L. 

See also, McDonell, Alexander, Bishop of lie giopvlis: 

Orders of the House, relative to reports on grievances, &c* 

XLIX. 

Ottawa District. — Li^t of the Justices of the Peace, p. 317 
List of the Commissioners of the Courts of Requests, 
p. 320. 

Pamphlet Postage, address of the Assembly for information 
of the amount of in 1833 and 1834, p. 338. 

Pannebacker, Henry, charged £30 costs, and three lawsuits 
instituted against him, for the balance of a £50 note dis- 
counted by the Bank of Upper Canada, 598. 

Parke, Thomas, his opinion with respect to the most proper 
places for polling the votes of the electors of Middlesex, 
p. 62, 

Parishes, an account given of 45 in Blue Blook for 1833, 
p. 163. 

Parliamentary Privilege — to allude to speeches delivered by 
members of parliament in their places, in any petition, is 

a breach of — Stanley, p. 97 the Houses of Parliament 

are very particular upon this point, Goderich, p. 98 Sir 

Peregrine Maitland's opinions and enquiries as to the pow- 
ers of the House of Assembly to compel the attendance of 
certain classes of witnesses, p. 16*. 

See passage alluded to by Lords Stanley and Goderich 
in petition, p. 100. 



■36 









P/jfiuU. Sir Henry, 31. P. — report by bin and other* 

on the i . .it of the public revenue of Great Britain, 

W6 ceased to be a member of the government when 

I to think and act with his colleagues, j». 2 

Parsonage IL ises. — Sundry payments from clergy reserve 
rents, towards building, p. 164. 



nagt of the Crmcn, in- 
narrow or exclusive maxims 



— not to be exercis^rl 
Godcrkh p. 208 is 



anxious that the influence of the crown in the House of 
Assembly should be considerable, Godcrkh p. 232. 



Patton, John, — Offices and income, p. 113- 
pended on emigration by, p. 170. 

Pern i — Paces 122 and 123. 



-£2298 ex- 



Pensi id by warrant on the authority of the 

Colonial Office. Roican. 35 aro paid by orders of the 

Lords of the Trei inn 414 convert some of the 

Catholic Clergy into politicians, King 514 -amount 

paid to 8 pensioners, p. 122, 123 allowance to retired 

. Missionaries, p. 147 — Widows of Church Clergy, p. 1 

Pension List of the States, xiv. 

Perry, Peter, M. P. P. — Moves in the Assembly that His 1 
Majesty be addressed to lay a copy of the proceeding 

House and of the Government, in Mr. Collins' libel 
case. Parliament, p. 871. 

Perry-? Jury Bill — A fit and proper remedy to the complaint 
that Sheriffs hold their offices during pleasure, and often 
ose grand and petit jurors without reference to their fa- 
nes cm political considerations ; and a means of 
securing the subject a fair trial by jury, JIaemickitig, 447. 
See Juries. Jury Lau:s Amendment Bill. 

Petitions. — 2-1 . " ion the King for a redress of 
grievances, xxn 10,000 persons petition in favour of re- 
ligious liberty-, xxni Petition of inhabitants of U. C. p. 

Lord Goderich declares that the 41 petitions for a 

redress of Grievances contained only 12,075 signature 
218, but Lord Hewick acknowledged the error of the state- 
ment and admitted that they contaii 500 signatures 

L petitioners to His 

persons, p. 219 Mr. 



IflMEX.] POL 

Petitions — con tinned. 

Mackenzie desires an investigation relative to tiie mist ake 
made at the Colonial Office, of 12,000 petitioners, and af- 
firms that he had brought to England the memorials of a 
majority of the whole male adult population, p. 280 — the 

Weslevan Methodists and Protestant Dissenters, from 40 
committees had petitioned the House of Commons in ] 828 
against Dr. Strachan's misrepresentations and in favor of re- 
ligious rights, j). 281 — 10,000 petitioners in favour of religi- 
ous freedom, from U. C. to House of Commons, 1831, p. 
282 — 10,000 petitioners, praying for a change in the charac- 
ter of tiie Legislative Council, &c. p.282 — 61 petitions pre- 
sented to the King within 18 months, for a redress of griev- 
ances, p. 282 — Lord Goderich declines to comply with Mr, 
Mackenzie's wish to be permitted to examine the petitions 
sent by Sir John Colborne in support of his administration, 
to see whether they were not spurious, p. 291 — petition of 
Mr. F. Collins to Sir John Colborne to be relieved from 
jail, p. 360 — the petition of Mv. Wm. Forsyth, complaining 
of the Xiagara Falls outrage, p. 1*. 

Phillpotts, Captain, i?. E., charge against for violent con- 
duct as a military officer, made by Mr. Forsyth, Mackenzie, 

p. 203 and note report of a committee of the House of 

Assembly, charging him with two outrages committed on 
Mr. Forsyth's premises at Xiagara Falls, in 1827, p. in* 
Mr. Forsyth's charge against him, p. i* Chief Jus- 
tice Robinson's account, p. 7* his own account of these 

transactions, p. 12* Sir P. Maiiland's account, pages 

17*, and 22*. 

Political Offences. See Francis Collins, Captain John 
Matthews. Expulsion of W. L. Mackenzie. Mr. Justice 
Sherwood. Hugh C. Thomson. 

Political Unions, denounced by the Legislative Council a5 
threatening the peace and liberties of she people, and which 
thev were apprehensive that Mr. Hume had recommended, 
■p. 241. 

Polling Places. — Inconvenient polling places selected in Mid- 
dlesex, Moore 85 — Demorestville and Hallowell suitable for 

Prince Edward, Wilson S6 two polling places required 

for Huron County, Van Egmond 216 Williamsburgh 

and Alexandria central places for polling votes in Glengai i j . 
Chisholm 241 -Grimes' Inn v>pA Co tingham's Mills suit- 



53 POW [Index, 

Polling P laces — continued. 

able for Durham, Drown 324 For Stormont, see Bruce, 

p. C2 and NcDonell, p. 65 For 1st Riding of Lin- 
coln, see Woclvcrion, p 62 For Middlesex see Parke, p. 

62 For Essex, see Wilkinson, p, 62^ and Caldwell, 

p. 62 For Carleton, see Lewis , p. 62 and Malloch, 

p. 60 For Kent, see Cornwall, p. 63 and McCrae, 

p. 65 For Norfolk, see Wahh, p. 63 For Russell, 

see McKay p. 63 For Grenville, see Norton and 

"Wells, p, 6 -i For Wentworth, see Smith and Rymal, 

p. 64 For Frontenac, see Shiblty, p. 64 For Dun- 
das, see Shaver, p. 64 For Glengarry, see McDonell, 

p. 65 For Durham, see Boulton, p. 65 For 2d. Ri- 
ding, Lincoln, see Rulcert, p. 65 For Lanark, see 

Morris, p. 61) -For Simcoe, see Louni, p. 66 For 

Ilalton, see Durand, p. 66 For 3rd. Riding of Lincoln, 

see Thorbum, p. 67 For HalJimand, see Memtt, p. 

67 For Hastings, see Yager, p. 67. 

Population. — Rate of increase of, xxvi of Huron Tract, 

supposed 2000, Van Egmond, 219 of Halton County 

about 30,000, Durand 470 of Upper Canada, p. 106. 

Postage on Letters, injurious to trade where it exceeds the 

maxima m chargad in the United States, Danlop 175 

enquiry into the amount of postage on letters, p. 333, 

Postmasters. — Names of some of the, p. 121 address for 

information relative to the income of the postmasters of 
Canada, p. 333 -answer, p. 3-10. 

Post Office Department, vi the Governor should appoint 

the Postmaster General, and the latter should get his ac- 
counts audited like those of other officers, Danlop 166 

an address relative to abuses in, never answered, p. 203 

address reported from Grievance Committee for full 

and complete information relative to its operations, p. 338 
answer, with a letter of excuses for the present, p. 340. 

Post Ojjice Revenue. See Revenue. 

Powell, Mr. Chief Justice. — Mr. Justice Powell, with Dr. 
Strachan, governed the province till they quarrelled 
among themselves, Macdoncll, p. 37- — amount of pen- 
sion paid to, p. 122 16,908 acres granted to him and 

his sons and daughters, p. 248 appointed an honorary 

member of the executive council, 14. June, 1808; and an 
ordinary one, 13th Julv, 1809, n. 303. 



Index.] P R O 59 

Powell, Grant — Holds offices, the duties of which cannot be 

adequately fulfilled b}' one person, xi income, p. 116 

was a Timber Commissioner at $14 per day, p. 183. 

Presbyterian Ministers, several of them refuse to receive 
public money from the government, xiv. 

Presbyteriansjaxii glebes given to, xvin government 

allowance extended to, from provincial revenue, p. 168. 
See also, Scotland, Church of. Presbyterian Synod. 

Presbyterian Synod — List of Clergy and their half yearly 

official bounties, Jan. to June, 1833, p. 137 allowance 

to ministers of, 1834, £1202, p. 139 list of Clergy and 

their bounties or pensions, p. 149. 

Prevost, Sir George, his despatch to Sir Isaac Brock, p. 302. 

Primitive Methodists. See Methodists. 

Primogeniture Laws, ought to be abolished, Wilson 103 

the bill for the more equal division of Intestate Estates is a 
bad measure, Dunlop 163 in favor of the law of Pri- 
mogeniture, Brown 334. 

See also, Intestate Estate Pill. 

Prince Edward District. — List of the Justices of the Peace, 
p. 312 list of the Commissioners of the Courts of Re- 
quests, p. 323. 

Prince Edward Separation Bill. — A. bill to constitute this 
county into a separate district, was passed by the House of 
Assembly and rejected by the Legislative Council in each 

of the following vears, viz: in 1824, p. 258 in 1825, p. 

259 in 1826, p. 260 in 1827, p. 261 in 1828, 

p. 263 in 1829, p. 264 in 1830, p. 266. 

Private Secretary to the Lieutenant Governor.— Income of 

the Office, vm ought to be abolished, vm Errors in 

returns of Salary for 1830, Rowan 46. 

Prince Regent — Instruction from the, dissolving one execut- 
ive council and appointing another, p. 302. 

Property Tax. See District Funds. 

Protecting Duties. — A Bill to levy a duty on the importation 
of certain articles of produce from the United States, pas- 



60 



R A H 



[Index. 



*t>A by the House of Assembly, but rejected by tbe Legisla- 
tive Council, in the Session of 1335, p. 275, 

Provincial Debt. See Debt Provincial. 

Provincial Revenue. See Revenue. 

Provincial Statutes. — Does not know why the printing of 
them was given to Mr. Stanton, with a far higher price, 
after being well and cheaply done by contract in 1825, 
Strachan 537. 

Provisions. — Prices charged the Government for provisions 
to settlers in Carradoc, Adelaide, and Warwick, p. 173. 

Public Accounts. See Accounts. 

Public Expenditure. — On Emigration, xvni returns of 

the public expenditure unnecessarily delayed or withheld, 
xx Revenue balances, 1834, p. 110 Details of Em- 
igration expenditure, p. 169 the House of Assembly 

ought to have the fullest and most detailed accounts of, 
which they can desire, Goderich, p. 227. 

Q. 

Quebec, Catholic Bishop of — £1000 salary formerly paid him by 
government ; to be placed on the colony, p. 141 & J 43 

Quebec, Right Rev. Charles James Stewart, Protestant Bishop of, 
his house rent paid by Province, p. 133 & p. 139. . . .his sala- 
ry has been refunded to the Province, p. 134. . . .Salary, £3000 
sterling, paid from England, in 1832, p. 141.,.. £1500 ster- 
ling paid him from casual revenue, p. 163. 



Quakers. See Friends. 



n. 



Randall, Robert, 1000 acres public lands granted to, p. 254. . . . 
Bill to enable Judge Willis to try over again the suit of his 950 
acres of land in the township of Nepean ; passed by the As- 
sembly, and rejected by the council, 1823, p. 263. ...Bill to 
remunerate him by a grant of £500 for valuable sendees per- 
formed in England in the matter of the alien question; passed 
by the Assembly and rejected by the Legislative Council, 1829, 

p. 254 .again passed and again rejected by the same, 1830, 

p. 260. . . .Lord Howick states, in a letter to Mr. Mackenzie, 
the principles upon which he bad discussed with Mr. Randall 
the naturalization question, p. 292. 



Lndl.t.] U E P 61 

Receiver General; accounts sent twice a year to the Inspector Ge- 
neral, Dunn 417. .. .List of Public Funds kept by, p. 111.... 
Salaries of officers in his. .department, p. J 11. . . .all public mo- 
ney is paid at his office on warrants* p. 131. . . .he obtaius voit 
ehers to satisfy Board of Audit in London, p. 131. 
See also, Hon. J. II. Dunn and Bernard Turquand. 

Registration of Lands, Wills, Mortgages, fyc. — Duties of Re- 
sistors often performed by deputy. . . .a reduction of their fees 
called for, as a means of lessening the burthen of conveying 
real estate xii. . . .Their incomes, pages 118 & 119. 

Religion, xiv. . . .reasons why its ministers should be supported 
exclusively by their congregations, O' Grady 124. . . .all sects 
or none should be paid by the public, Dunlop 178. . . .a couu- 
try without an established religion is an infidel country, 
Straehan 557. . . .it is not the wish of II i s Majesty's govern- 
ment to shew an undue preference to the preachers of the es- 
tablished churches of the United Kingdom, Goderich, p. 223. 

Religious Societies Land Bill. — A bill to allow the several religi- 
ous denominations to hold land for a chapel or burial place, 
<fec. passes the Assembly, 1325, and is rejected by the Legisla- 
tive Council, p. 259. . . .passed by the Assembly and amended 
by the Council so as to insure its rejection by the Assembly, 
1326, p. 200. .. .again rejected by the Council, 1827, p. 201. 

Report on Grievances, i to xlviii— Patronage of the Crown in 
....Post Office Department vi. .. .Incomes and Salaries of 
OHicers vn. . . .Pensions xm. . . .Ecclesiastical Establishment 
xiv. .. .Methodists xv. ...Church of England xvi. .. .Pres- 
byterians and Catholics xvn . . . .Glebes, ib. . . .Lands ; King's 
College; Emigration Accounts xviii. . . .Audit of the Public 
Accounts xtx. . . .Returns of Accounts xx. . . .Case of F. Col- 
lins, Libel, ib Leeds Election xxi....Lord Goderich's 

Despatch, 8th Nov. 18-32, xxn Sundry matters of Com- 
plaint xxv. . . .The Legislative Council xxv. . . .Justices of the 
Peace xxvi. . . .Ou obtaining a Responsible Government xxvi 
. . . .The Executive Council xxix. . . .Dismissal ar:d Re-ap- 
pointment of Messrs. Boulton and Hagerman xxxi. .-. .Securi- 
ties in England against aristocratic encroachments xxxm .... 
Arguments in favor of Elective Institutions xxxiv. . . .Charac- 
ter and conduct of the Legislative Council xxxv . . . A pecuni- 
ary influence exerted over the Judiciary xxxvm .... An Elec- 
tive Legislative Council recommended xxxix. . . .The affairs of 
the Colony declared to have suffered from the interference of 
Colonial Ministers in our domestic concerns xxxix . . .Ne 
m the selection of Governors xl . . . Vote condemning the Ex- 
ecutive ru . . . .Permanent Civil List Bill XUI . . . Vote i ; i 

Ufibjy on a motion to return Lord Goderich's Despatch x'liv 
. . . .Conduct of the Crown Lawyers on various occasions xliv 
*\ . . A responsible Government promised xxvi ... Th< 

10 



C2 R£V [ixuiLX. 

Report on Grievances-— continued. 

riant Governor ought to net so as to possess the public confi- 
dence xlvii ... .Copies of report recommended to be sent to 
England xlviii. .. .Orders of the House relativt to 7th Re- 
port, with the votes xlix. 

Report on the management of the public Revenue of Great Britain. 
( Extracts from.) — All public monies should be paid into the Trea- 
sury . . . .all are not so paid, p. 170. . . .no portion, of the pub- 
lic revenue should be issued from the Treasury without Parlia- 
mentary sanction. . . .the expense of collection ought to appear 
and be placed under legislative control ... .such a regulation 
adopted by France and found beneficial. .. .fees ought to be 
abolished, p. 177 & note . . . .books should be kept according to 
the most simple form of the commercial system of bcok-keep- 
j.ag....the peculiar excellency of book-keeping by double en- 
try, p. 173.... the double entry system adopted by the East 
India Company, in France and elsewhere, with great advantage 
... -the French system of accounts affords perfect security 
against default and delapidatiou and saves the nation millions 
per annum p. 179. the late Board of Treasury stated the pro- 
priety of substituting a regular cash book, journal and ledger 
in the place of the numerous books now in use, p. 180. 

Representation, State of the. See House of Assembly. 

RequestSy. Commissioners of Courts of. See Courts of Requests. 

Resolution. — "Resolution to suppress Lord Goderich's Despatch, 
and the vote thereon, xliv. 

Retired Allowances. See Pensions. 

Revenue. — Receipts and Expenditure very imperfectly accounted 
for xix. .. .returns unnecessarily withheld or delayed xx ... 
knows of no part of \he judicial, ecclesiastical, or civil ex- 
penditure, being defrayed from funds not raised in Upper Ca- 
nada, Robinson 595. ... Revenue Balances, 1834, p. 1 JO 

State of Receiver General's chest, p. 110. .. .List of public 
funds or accounts of revenue kept by Receiver General, pages 
111, 112 & 113. .. .Revenue Balances per public accounts, 
1834, p. 113. .. .an explanatory letter from Receiver General 
to Colonel Rowan respecting revenue accounts, p. 131.... it 
is His Majesty's wish that the House of Assembly may have 
the most ample and detailed statements- of the receipts and ex- 
penditure of the whole provincial revenue, from whatever 
source derived, which they may choose to call for, Goderkh, 

j*. 227. the British Act regulating the trade between the 

Canadas affords an easy remedy for difficulties in the wav of 
apportioning the revenue raised at Quebec, Mackenzie, p: 2fM>. 
' See also [Ion. John II. Dunn. Bernard Tnrquanrf. Report 
•n the manage nit, 'if of the public Revenue of Great Britain* 



IXDEX.] R I O b^ 

Jfetttntfe-r-coiitinued. 

1. Casual und Territorial Revenue. Payments very imppr- 
fectlv accounted for xix....See No. 10, p. 111). ... balance in 

funds D. & K., p. 113 Payments to the clergy in 1832, 3, 

4, £40,441, p. 129 Expenditure of, On 'Emigration, p. 172 

top. 175.... the gross receipts of revenue, whether arising 
from taxes or crown property fti the United Kingdom should 
be paid into the treasury and appropriated by Parliament, re- 
port of Commissioners on British revenue, 1831, p. 176.... 

Form of Warrant used in drawing monies from, p. 182 

The House of Assembly resolved that the annual appropriationof 
£10,825, from land sales was misapplied. The abuse was con- 
tinued, p. 201 ... . the most full details to be laid before the As- 
sembly, p. 227 Sir P. Maitland reminds Mr. Huskisson 

that the Assembly had not unfrequently called upon him for an 
account of the receipt and appropriation of the casual and ter- 
ritorial revenue, and that his instructions were not to comply 
with such a request until he had ascertained the purpose for 
--*'hieh the information was desired, and had referred to the Se- 
cretary of State on the subject, but that if they could summon 
the Receiver general or Inspector general, or any of their clerks, 
on pain of imprisonment, the government had no longer any 
tliscretion. p. 16*. 

2. Ordinary or Provincial Revenue, (so called.) — See No. 

10, p. 110 Balance in fund B. p. 113.... and Debentures, 

p. 114. 

3. Clergy Reserve Fund — Balance, p. 113. 

4. Post Office Revenue. — Deputy Postmaster General would 
give the House of Assembly no information relative to, Macken ■ 
zie. p. 203. .. .Address for information relative to the receipts 
and expenditure, p. 338. . . .Answer, with a copy of a letter 
from Mr. Stayner, making sundry excuses for not being 
-able to furnish it on an early day, p. 340. 

5. District Fun </s— £18,441 in 1833; £18,671 in 1834; ex- 
pended under the direction of the Justices of the Peace, p. 187, 

Rice, Right Hon. Spring, M. P., his despatch of 5th August, 
1834, referred to ; no monies to be paid to church of England 
clergy in U. C. from England, after 1st April,1834, p. 167." 

Richardson Charles, M. P. P., Clerk of the Peace, Niagara Dis- 
trict; duties to be performed, p. 337. 

Richey, Wcllesley, his expenditure and salary as an emigrant a- 

gent, p. 170. . . . do. p. 172 imperfect mode of accounting 

by, p. 172. 

Ridout, Samuel, his ineome as Register, H. D. £500; holds a 
sinecure besides, xii. . . .£1555 allowed him in lieu of his si- 
necure, p. 184. 

Riots. — See Leeds Contested Elections. Farmersville Rioters. 



04 



ROB 



IXDES 



Ripon, E/ 1 ? of. — Sfee Lord Viscovnt Gotkrich. 
Reads and Bridges. — £12,000 nearly of the monies voted Ifl 
irv!3 to improve the Roads, and entrusted to Commissioners, 
remain unaccounted for, xix the roads are bad in Glengar- 
ry, Chi<holm 238— — Bill to grant public money to improve 
the roads, passed in Assembly and rejected in the Legislative 

Council, 1829, p. 26*5 a similar bill passed the Assembly 

and was thrown out by the Legislative Council, 1632, p. 270 
a similar bill was again rejected by the Legislative Coun- 
cil, 1835. p. 275. 
Robinson, Hon. Chief Justice. — His treatment of the late Mr. 
Francis Collins, xx — — his inconie, xi, and p. 1JC inexpe- 
diency of blending political and judicial duties in his person, 

xxxviii an undue influence exercised over the judiciary 

xxxvin his secret defamation of the characters of the 

members of a select committee of the House of Assembly, 

Mackenzie, p. 205 his exaltation to the Presidency of the 

Executive Council, p. 206- he is appointed Chief Justice, p. 

207 return of his offices, and the grants of public lands 

made to him, p. 250 resolutions of the Assembly, setting 

forth his conduct when Attorney General in the prosecution 
against Francis Collins for an alleged libel upon Sir P. Mail- 
land, pp. 363 and 364. 
Pohimon, William B., M. P. P. — Votes to send back Lord 

Goderich's Despatch, xliv moves to rescind the resolution 

of the Assembly for printing 2000 copies of Report on Grievan- 
ces, xlix 1000 acres of public lands granted to, p. 254. 

Robinson, Hon. Peter. (Analysis of his Evidence.) — Accounts 
half-yearly to the Inspector General for Crown Lands sold, 
and annually for sales of Crown Timber, 566-- — occasionally the 

laborers under Mr, Mount were paid for Sunday work, 568 

witness declines answering a number of questions, 572, &c. 

Members of the House of Assembly and others may afford 

information to the Lieutenant Governors respecting persons fit 
to be made magistrates, 577 thinks the system of govern- 
ment has not tended to discourage wealthy and enterprising 

emigrants, 584 is opposed to the mode of voting by ballot, 

-_, — a man may act quite independently and retain his seat 
as an Executive Councillor, 591 (See also Hon. John Elmsley's 
Letter, p. 91) the Executive Council have been in the ha- 
bit of late years of auditing all the accounts of expenditure 
within the Province, except the monies appropriated bv the 
Legislature for roads or other purposes. 502 thinks the es- 
tablishment of a general Board of Audit would be advantage- 
ous, 593 knows of no other part of the judicial, ecclesiasti- 
cal or civil establishments of Upper Canada being defrayed from 
funds other than those raised from the Province itself exeept 
the interest of the proceeds of Clergy Pveserve Sales remitted 

to England and placed in the funds, 595- refuses to reply to 

certain questions, from the conviction that the confidential si- 
tuation he holds would make it improper for him' to express 
iiis opinion in any other place than where his duty requires 



[IvuF.r KOW 6| 

Robinson, Hon. P.— continued. 

Salary p. 114 and ix Payment! to, ai-nce July, 132-7, 

£10,587, p. \17 imperfect mode of accounting for public 

monies expended in his department, p. 172 .... ditto, p. 174 & 
175. .. .return of his income, offices aud land grants, p. 250. 

"Rotbuclc, J. A. M. P — Assists the agent of the petitioners from 
U. C. for the redress of grievances, xxiv. 

JZnvwv Catholic Bishop of Quebec — Received a salary or pension 
Of £1000 from England in 1832, p. 141. 

Rowan Catholic*. — £4.910 paid by government to the Catholic 
Bishop on account of his Church and Clergy, within the last 2 
years: the details of the expenditure difficult to be obtained xvii 

- Glebes given to Roman Catholic Church, xviii Clergy 

&, Laity in Ireland opposed totheir union with the state iCF-Gmdy, 

124 The pecuniary grants to this Church, thro' Bishop 

JUcDonell, shamefully misapplied, O' Grady, 222, 223 their 

Clergy exact tythes in Glengarry, Chisholm 252. ... Warrants 
for their salaries are all paid in one sum to the Bishop, Dunn, 
p. 131 . . . .monies paid in 1833 to trustees to be expended on 
Roman Catholic churches, p. 137. . . .£1111 and £512 paid to 
the priesthood and for chapels, p. 139. . . .government bounty to 
build and repair chapels and churches of, p. 149. ...Letter of 
Colonel Rowan intimating grant to their churches, p. 159, 
commissioners to expend the money, p. 160. .. .a similar grant 
and scale of division and table of commissioners, pages 161 & 
162. . . .details of grants to, from colonial revenue, p. 169. . . . 
Bill to incorporate the bishop and clergy and enable them to 
hold lands, rejected in the Assembly, 1832, p. 270. 

P. oman Calholic Schools. — Four schoolmapten brought into 
Glengarry by Bishop McDonell, Chisholm 246. . . .There was 
a school house erected at St. Raphaels, Chisholm 263. . . .John 
Sayer had taught in York and received £20, Angus McDo- 
nell 238. .. .there are some schools maintained from govern- 
ment bounty, ib. 301.... John Saver did not get £20 for 
teaching in York, O 'Grady 393. . . . Government granted £250 
a year for Catholic schools, O' Grady 394. .. .Bishop McDo- 
nell authorised to apply one-fourth of the annual appropriation 
by government to support Catholic schools, Colborne, p. 59. 

Rowan, Lieut. Col. Wm. (Analysis of his Evidence. — Mr. Van- 
koughnet appointed a Custom House Officer in Oct. 1832, 8 
-...Cannot produce any returns without permission of the 
Executive Government, 9. . . .The Lieutenant Governor, alone, 
appoints Collectors of Customs and Excise officers, 11.... 
Mr. Sheriff Jarvis's salary is discontinued, 16 . . . .Witness does 
•not take an oath of office, 24. ...His duties are regulated by 
the orders of the Lieutenant Governor, 26 ... . Despatches from 



SAT flit***. 

Rowan t Li. Col. W'm. — continued. 

His Majesty's Government are not enregistered in anyway, 28 
. ...Witness only sees sucli despatches as the Lieutenant Go- 
vernor thinks tit, 29. .. .The Lieutenant Governor submits to 
the Executive Council onhy such parts of his correspondence 
with the Colonial Office as he thinks fit, 30. ...No pension or 
allowance is paid by warrant without the authority of the Se- 
cretary of State for the Colonies, 35 The Blue Book is 

now made up in the Secretary ,& Registrar's office, who is re- 
sponsible for its correctness, 43. ...Witness's salary and emo- 
luments, 44. .. .Explanation of errors in Blue Book, for 18o0, 
45 to 52. 

Letters to W. L. Mackenzie and to Hon. D. Cameron rela- 
tive to the Blue Book, p. 105. . . .Letter to W. L. Mackenzie 
repecting public accounts, p. 100 Letter to W. L. Macken- 
zie concerning the payments to Methodists and to clergy of va- 
rious churches, p. 129 Letter to Mr. Receiver General 

respecting clergy monies and casual revenue, p. 130.... Mr. 
Dunn's reply, p. 131. . . .Letters, 1833 and 1834, to Methodist 
Conferences, concerning government bounty, phages 153, 154, 
155. .. .Letter, 15th March, 1833, informing Synod in com- 
munion with Church of Scotland of government grant of 
£900, p. 157... Letter, 1834, to the same, with grant of 
.£550, p. 157. . . .Letter to Bishop McDonell informing him of 
j£900 granted to build Catholic chapels, 1833, p. 159 Let- 
ter to the same respecting £550 for a like use, 1834, p. 161 
....Letter to II. J. Boulton, Esq. inclosing copy of Lord 
"Goderich's despatch ordering him to be removed from office., 
p. 295. ... Letter to the, same stating the cause of Messrs. 
Boulton and Hagerman's removal, p. 296. 

Rowe, George, — His letter to Mr. Thorb-urn communicating the 
opinion of a Committee of the Freeholders relative to a fit poll- 
ing place for Lincoln, p, 67. 

J?ir$se71, Lord John, AT. P. — Report, as a Commissioner to en- 
quire concerning the management of the Revenue, p. 176. 

■fluttan, Sherijf. — Income as Sheriff of the Newcastle District, 

XI. 

J?ykeri, George, M. P. P. — Recommends St. Catharines as a fit 
place to hold elections for the 2nd Riding of Lincoln, p. 65. 

J?ymctl, Jacob, M. P. P. — His opinion relative to the best polling 
places for Weutworth, p. 64. 



St. Lawrence Ca?wls. — Incomes of some of the officers employ- 
ed on, p. 122. 



Ixdkx.] 6 U E 6T 

Salaries and Income?, of Public Officers, vn. . . .of the Allorncv 
and Solicitor General, xii. ...of the Adjutant General of Mifi- 
ria, xm . .. .Salaries, fees, and emoluments paid from the reve- 
nue raised in this Provwice, page 111 to page 1 22. ...salaries 
of officers of King's & Upper Canada Colleges, p. 185. . retiru 
to tlic House of Commons of the incomes of, p. 248 to p. 2.37. 

Schools, Common. — See Common Schools. 

Scotland, Church o/,— £1000 paid Mr. Machar for building 
Churches, p. 134. . . .list of ministers of, with their official in- 
comes, (£.1205) p. 136 £12-13 and £359 paid to Ministers 

of, p. 139.... list of its ministers and their official pensions ot 
gratuities, from January 1834 to January, 1835, p. 143. . .two 
letters from Colonel Rowan informing the Synod of grants 
made by order of the Secretary of State from public revenue 

to build churches and chapels, p. 15? Letter of Mr. Machar 

their moderator, with a brief statement of the expenditure of 
£945, p. 153 ...TTis Majesty's Government do not wish that 
an undue preference should be shewn to the preachers of thi*. 
Church, Goderich, p. 228. 
See also Presbyterians. 

Scott, Chief Justice, — appointed an Executive Councillor by the 
Prince Regent, p. 303. 

Seceders from Scotch Kirk. — Their ministers pensioned by the 
Crown, xiv. 

Secretary and Registrar. — Income of, and of his deputy, p. 115 
— fees he is authorised to take, p. 188, 

Sdby, Hon. Prideauv. — Appointed a member of the Executive: 
Council, p. 303* 

Shaver, Frier, M. P. P. — His opinion as to the places the most 
fit to hold the poll at for Dundas, p. 64. 

Sieriffs of Districts. — A revision of the tariff by which their fees 
are regulated is recommended, xr, xii — an inquiry why the 
Sheriffs of the Niagara, Western and Bathurst Districts had 

been allowed to charge illegal fees on land sales, iiowan 50 » 

their returns of income, pp. 116 & 147 3.11 to regulate tfre 

price and for.m of their official advertisements, lost in the Legis- 
lative Council, in 1832, p. 239-. 

Sherwood, Mr. Justice, (Levins Peters). — His conduct, complained 
of by the people of the county of York, by petition, seating t\vJ , 
in the absence of the other judges, he had proceeded alone to 
exorcise all the powers of the Court of Kind's Bench, but ab- 
stained from giving his reasons for such illegal assumption, aj- 
thou2h requested by the bar so to rlo; and that he had vacated 
his ohice at that I i.no by leaving Upper Canada without lawful 



68 S IVI L 

Sherwood', Mr. Justice — continued, 



[Inlm-jx. 



leave, p. 103 his income as a judge of the Court of King' a 

Bench, £1,009, p. 119 — his letter relative to the extent of pu- 
nishment he thinks due to political offences, especially in tha 

case of Francis Collins, p. 359 Resolution of the House of 

Assembly, that his charge to the jury in Collins' libel ease " wa3 
an unwarrantable deviation from the matter of record, and a 
forced construction of language, contrary to the ends of fair 

and dispassionate justice,'' p. 363 Resolutions of the Hcuso 

that by the language of his letter to Sir John Colborne in favor 
of such a punishment to an editor for a newspaper libel as would 
in all human probability prevent a recurrence of the offence, and 
affirming that any thing contrary to this would be nugatory, it 
too plainly appears that the punishment inflicted on F. Collins 
was not confined to the verdict tendered by the jury, p. 367, but 
that it was shamefully disproportioned to- his (Collins') offence 
subversive of the freedom of the press, under pretence of cor 
recting its excesses, and destructive of the liberty of the subject, 
under pretence of punishing an offender," [yeas 39, nays 3| p. 
303, and that the exorbitant and oppressive bail required from 
him, [Collins] leaves him no other alternative than perpetual 
imprisonment or the abandonment of the press by which he main- 
• tains himself, with a wife and an infant family, [yeas 39, nays 4] 

p. 3Q8 The House also resolved that his (Judge Sherwood's) 

doctrine, as laid down in his letter to the Lieutenant Governor, 
is dangerous in a judge entrusted with the administration of tho 
criminal justice of Lhis country, and calculated to render the cri- 
minal law, so administered, a scourge to the community, (yeas 

31, nays 10) p. 359 lie appears before a committee of th.e 

Assembly, and declines offering any explanation of his conduct 
in Collins' case, p. 371. 

Sh'dihy, Jacob, M. P. P., recommends three polling places for 
Frontenac, p. 64. 

$i.mcoe, Lieutenant Governor. — Entrusted with the duty of putting 
in operation the charter of Canadian liberty, xlvi-— — his me- 
morable declaration xlvii. 



Sinecures. — S. Ridout's sinecure, xn S. T. Hurd'.-', from 1829 

to 1832, p. 93 The Presidency of the Board of Education, (a 

sinecure) suppressed on an address of the Assembly, Slrackan, 

536 £1,776 paid Mr. iioeei7er General Dunn on a sinecure, 

. p. 129. 

Small, Charles C — his income as Clerk of the Crown, p. 119.. 



Smith Cjolonel.—'Dr. 
province under hii 



S'rachan and Jusii-je 
nominal administration 



Powell governed the 
, Macdohell, p. 37. 



I*dex.] STR 09 

Smith, Harmanus, M. P.P., his opinion concerning polling places 
Tor Wentworth, p. 64. 

Smithy Sir David William, amount of pension paid birr. , he is a 
resident English baronet, p. 122. 

Speaker of the Legislative Council — Ought not to be the chief cri- 
minal judge, xi 'income disproportioned to the duties, xi. 

Stanton, Robert, paid extravagant prices for work, and jCCOO loan 
ed to him, without interest, to enable him to complete a large 
printing establishment in Toronto, p. 184. 

Stanley, night Hon. E. G. (now Lord.) — His misapprehension 
of the state of Upper Canada, u. . . .His opinion of the Legis- 
lative Councils of the Canadas, it... .considers refusing sup- 
plies a constitutional remedy, iv. . . .hi3 opinion of the Execu- 
tive Council, xxvn letter to W. W. Baldwin, Esq. on the 

means of redressing Colonial Grievances, dated April 24th, 

1829, p. 95 appoints an interview with Mr. Mackenzie on 

behalf of the Canada petitioners, p. 299. .. .Despatch to Sir P. 
Maitland, June 20, 1S33, calling on him to explain his conduct 
with respect to the papers moved for in the House of Commons 
relative to the Niagara Falls' outrages, p. 21*.... Sir Pere- 
grine's answer, p. 21*. 

Statutes, Provincial. — A Bill to provide for their being annually 
printed in a certain form and manner, by contract, and regu- 
lating their annual distribution ; passed the Assembly. Session 
1635, and was nullified by the Legislative Council, p. 275. 

Stayner, Thomas Allen — Proportion of his income from Upper 
Canada, estimated, p. 121. . . .address for information as to his* 
proceedings and income as Deputy Postmaster General, p. 339 
. . . .letter from him, stating reasons why the information must 
be delayed, p. 340. 

Stinson, Rev. Joseph,— £611 2s. 2£d. paid him " in aid of the 
erection of Wesley an Methodist Chapels," p. 140. .. letter to 
Colonel Rowan, 7th July, 1834, informing him of the purposes 
to which it was intended that the provincial money should be 
applied, p. 154. 

Straihan, Archdeacon. (Analysis of his Evidence.) — Is President 
of King's College, Archdeacon of York, and senior memberof 
the Executive Council, 515. .. .there are about 1200 children 
»n Toronto, 516. .. .the statement in Mr. Eknsley's letter ou 
resigning his seat in the Executive Council was not correct, 

526 witness explains respecting 300Z. paid him ou* of the 

Canada Company's funds, 534 .... understood that the Board 
of Education, from which he derived a salary, was suppressed 

11 



~0 STR [Index 

St rack an, Archdeacon— (analysis of his evidence,) — cont'd. 

on an address of the House of Assembly, 53G... does not 
know why the statutes were given out at a far higher price to 
Mr; Stanton after being well and cheaply done, in 1^25, by 
contract, 537. . . .there are not too many dependant persons in 
the Legislative Council, 539. ...has no recollection of an un- 
favourable report by the Council in the case of Mr. Appleton, 
541 . . . .the Legislative Council had always appeared to him to 
have made the good of the Province much more its study than 
the House of Assembly, 543. ...does not believe that the go- 
vernment is irresponsible ; it is quite as responsible as any other 
government, 545 .. .is not aware of any court for the trial of 
public officers who had neglected their duty, but thinks the 
Legislative Council would be a proper tribunal to try impeach- 
ments, 548. .. . Governors fit persons to select Justices of the 
Peace for they have the best sources of information & are quite 

independent, 550 the improvements the resident settlers 

have made is an incidental advantage which gives them no par- 
ticular claim, 552. ..." the members of the House of Assem- 
bly have been the chief office-holders and the chief office ex- 
pectants for the last thirty years, 555. . . .nobody would ask for 
the vote by ballot but from gross ignorance ; it is the most cor- 
rupt way of using the franchise, 556... there should be in 
every Christian country an established religion, otherwise it is 
not a christian but an infidel country, 557 ...is thankful that 
the government of Upper Canada does not confine itself to 
maintaining one form of the christian religion, but selects four 
particular denominations, to whom it appears to have paid a- 
bout 35,O0OZ. within the last two years, 559. .. .considers the 
Clergy Corporation legal, 560.... the Executive Government 
does every thing to encourage emigration, but the slauderous 
newspapers make people at a distance believe there are difficul- 
ties, 563. . . .for explanations of the sources of his income, see 
564, 565. [This witness declined to answer a number of ques- 
tions.] . . . .To ascertain his various sources of income x. . . . 
Veecives the proceeds of a sinecure xxxvni . . . governs the 
Province, with Justice Powell, during Colonel Smith, Mr. 
Gore and Sir P. Maitland's administration, till they quarrelled 
among themselves, Macdonnell, p. 37. ...an entry in a return 
to the House of Commons, of 540/. and 324/., to, explained, 
Turquand 424. . . .Payment to, in lieu of delapidations on liv- 
ing, 225/. p. 109 his Income, p. 115 and note, and details, 

and land grants, p. 123 to p. 125 Salary as Archdeacon, p. 

132 presides at an audit of incorrect accounts of Roswell 

Mount, p. 174. ...The Assembly address His Excellency for 
copy of any communication from His Majesty's Government 
authorizing £712 16s. 2d. to be paid him, as the expenses of 
a journey to England, p. 186. ...his character and situations, 
Mackenzie, pages 210 & 211 Lord Goderich is rather pre- 
disposed to the opinion that by resigning his seat in the Legis- 
lative Council he would best consult his personal comfort and 
the success of his designs for the spiritual good of the people, 



Index.] T 11 | 

Strachan, Archdeacon — continued. 

p. 228. . . .the Council rebuke His Lo I'd ship for this uncalled 
for interference, p. 240. .. .his offices, emoluments and Jand 
grants, p. 213. ...8000 Methodists and Dissenters petition par- 
liament against his misrepresentations, Mackenzie, p. 281. 

fj^r 3 A copy of the Charter of King's College obtained by 
Dr. Strachan is placed at the end of this volume for reference, 
together with a Bill to amend it, which the Assembly passed, 
and the Council rejected, year 1835. 

Stuart, Archdeacon, Kingston. — Amount of his income from the 
public revenue, xvi . . . his salaries as Archdeacon and minister 
p. 138. 

Supplies. — Mr. (now Lord) Stanley considers the refusal of Sup 
plies a constitutional remedy, when the Governor and Council 
have lost the public confidence, iv. 

Surrogate Court. — Incomes of the judges and registrar's of, p. 113 
to p. 121. 

Surveyor OeneraVs Office. — Incomes of Clerks and Officeis, p. 
114. . . .fees authorised to be taken at. p. 188. 
See also, S. P. Hurd. Hon. P. Robinson. William Chew&U. 



Talbot, Thomas. — Lands given him to sottle, 302,420 acres, page 
108.. ..an account of his pension, p. 123. 

Taxes. — The Magistrates of the Eastern Distrieft refuse to ac- 
count for the proceeds of taxes they had expeuded, v. 

Territorial Revenue. See Revenue. 

Thompson, Charles Pouleit, M. P. — Report of, as a Commis- 
sioner to enquire into the management of the Revenue, p. 
176. 

Tayler, Josias, M. P. P.-— Postmaster at Perth, duties to be 
performed, p. 337. 

Thomson, Hugh C, — Votes in favour of sending Loid Goderich's 
Despatch in answer to the complaints of the people back again, 

xliv the House of Assembly resolve that while prosecutions 

had been instituted against him and other editors then opposing 
the injurious policy of the late administration, other papers paid 
and patronised by the government, had been allowed to libel jt, 
(the Assembly) with impunity, p, 302. 



9* TUR [Index 

Thorium, David, M. P. P. — His letter to the Grievance Commit- 
tee concerning a polling place lor third riding, Lincoln, p. 67 

his evidonce on Mr. Forsyth's petition, p. 4.* 

Throop, Governor. — His excellent remarks to the Legislature of 
New Yoik, p. 202. 

Timber Trade. — Lord Goderich is reminded that the House of As- 
sembly had unanimously complained of the inland tax (at the 
Chaudiere) of 25 per cent., or thereabouts, on the value of each 
raf:, and that ministers had declined to remove the impost, Mac- 
kenzie, p. 284. 

Toronto Episcopal Church. — £1000 allowed Dr. Strachan out of 
the funds of the Colony t°wards building it, on condition that 
permanent accommodation would be provided in it for the troops, 
p. 164. 

Toums' Members* Wages Bill. — This Bill, to allow members of 
Assembly for Towns and Cities the same wages as are paid to 
members for Counties or Ridings, was passed by the Assembly 
find rejected by the Legislative Council, in each of the following 

Sessions, viz:— in 1825, p. 259 in 1826, p. 260 in 1827, 

p. 261 and in 1829, p. 264. 

Towns 1 Representation. — Lord Goderich favourable to the payment 
of wages to a, p. 223. 

Trade of the Canadas. — Remarks on, addressed to Lord Goderich 
by W. L. Mackenzie, p. 214. 

Tunkards. — Maintain their preachers and religious teachers with- 
out accepting any pension or bounty from the government, xiv 

. Lord Goderich would be happy to introduce a Bill to extend 

to them the elective franchise, p. 224 a Bill passed the As- 
sembly and was thrown out by the Legislative Council, in each 
of the following years, to relieve them from the payment of fines 
or commutation money for non-performance of militia duty in tinje 
of peace, 1830, p. 267 1835, p. 274. 

Turquand, Bernard, — Explains an entry in a return to the House 
of Commons from the Receiver General's office, of £324 and 

£540 paid to Archdeacon Strachan, 424 an additional salary 

was made to Sir J. Colborne, the Lieutenant Governor, of £500, 
in addition to other £2000 and £1000, by orders of the Lords of 

ike Treasury, 425 the amount of outstanding debts due the 

government is unknown at the Receiver General's office, 426 

believes that it is the duty of the Inspector General to keep 

this accounts 427 thinks all public revenue should be paid into 

the hands of some one functionary, 428 all public accounts 

go to the Inspector General's office for inspection, 429 the 

average in the Receiver General's hands has scarcely exeeeded 
£ J 0,000 for several years past, 430 the bonds of public ac- 
countants are lodged with the Receiver General, and when there 
js a defalcation, they are sent for prosecution to the Attorney Ge- 
neral, 431. 



Index- U P V 73 

Tytlies. — The Catholic Clergy in Glengarry exact tytlics under 

the aut/iority of the old French law, Chisholm, 252 take on 

Jy the H 6th bushel of grain in Glengarry and Sandwich, Mac- 
doncU 308. 

11. 

U. E. ( United Empire) Loyalists. — Took reflige in Upper Canada 

after the United States were declared independent, xlvi the 

colony now chiefly inhabited by them and their descendants, 

xlvii their complaints relative to militia appointments, 

Wilson 106. 

University of King's College, not yet in operation, xvm — Bill to 
establish it sent to the Legislative Council but not expected to 

pass, xvm j£7,777 granted to it in 7 years — endowed with 

225,000 acres of land — Government had neglected to transmit t he 

detailed accounts of the expenditure of, p. 185 address for 

information concerning, p. 186 answer, p. 187 -Lord Go- 

derich favorable to a member being sent from, when its charter 
should have been modified in such a way as would be for the 
general advantage, p. 223- the King had invited the Legisla- 
ture to consider in what way it could he best constituted, p, 

226 a bill to establish and amend the charter cf, passed by 

the House of Assembly and. rejected by the Leg ; slative Council, 
1835, p. 275 Mr. Mackenzie remonstrates against the char- 
ter granted to, and reminds Lord Goderich that the House of 
Assembly and a Committee of the House of Commons had also 
done so, p. 284. 

0^7= A Bill which passed the Assembly, 1835, and was re- 
jected by the Legislative Council, to establish King's College 
and amend its charter (with the votes and a copy of the origi- 
nal charter) is placed next after the two reports, at the end. 

Unitarians' Relief Bill. — A Bill to enable the Unitarians to hold 
land sufficient for a chapel, &c. passed in 1829 by the House of 
Assembly, and rejected by the Legislative Council, p. 264. 

United Associate Synod. See " Presbyterians. *' 

United States. — The more wealthy class of emigrants pass on to, 
xxxl ; Macmicking 463 their army would have been recom- 
pensed, had the invasion of Canada succeeded, by the Crown 
and Clergy Reserves, Macmicking 437 very many large ca- 
pitalists, emigrants, settle in the United States, Durand 464 
— — interest gave way to patriotism when they were oppressed, 

Mackenzie, p. 210 they exclude the Canadians from their 

markets by high duties levied on produce, p. 215 a bill pas. 

«ed the House of Assembly to authorize the levying of duties 
on wheat, flour, and other articles of produce imported from the 
U. S., and was rejected by the Legislative Council, 1835, p, 
275. 

Upper Canada College — Upheld at great expense with little advan- 
tage to the public ; might be dispensed with, xvm rates o't 

tuition and number of scholars, p. 345 number of scholars 

from the country, p. 346 course of Education and Books 

used at, p, 347 to p, 355. 



W A R [iNDtX. 



Van Egmond, ColonePA. G. TV. G. (Analysis of his Evidence. )— 
The Canada Company paid the equivalent of one shilling sterling 

per acre for the iiuron Tract, 201 are selling the lands there 

from 12^. 6d. to 13s. 9d. per acre, 203 the tract contains 

1,200,000 acres, 203 witness is the oldest settler in it, 204 

proper means have not been taken to settle the tract, 205 

the agents are very tyrannical, 208 settlers are scared out of 

the tract without form ct law, 209 -the Company's-profits in 

1833, were £23,000, sterling, after paying ail expenses, 212 

the settlers are much dissatisfied, 213 there is one school, a 

bank, no religion established, no minister?, no militia, 214 — po- 
pulation said to be 2000, 219. 

VankoughnetL, Philip — Appointed a Custom- House Officer in Oc- 
tober, 1332, Rowan 8— — his return of grants of public land 
made to him up to July, 1832, p. 257. 

Yiger, Hon. Dennis B., — Assists Mr. Mackenzie in his efforts when 
in England to obtain a redress of grievances, xxiv. 

Votes of 11. of A. — See House of Assembly. 

w. 

Walsh, Francis L., M. P. P — His opinion with regard to fit pol- 
ling places lor the County of Norfolk, p. 63 — —offices held and 
duties to be fulfilled by, p. 337. 

Warburton, Henry, M. P. — Assists the Agent for the petitioners 
to the King, from U. C. praying for a redress of grievances, 

XXIV favourable to the establishment of elective institutions 

in the Caaadas, xxxix. 

War Losses. — The colonists ought not to pay for the losses sus- 
tained in the late war, Wilson 91 the government ought to 

have paid the claimants from the public lands, Lejferiy 141 

ought to have been paid with public lands, General Brown 

told witness that the Crown and Clergy Reserves would have 
compensated the Americans for the expense incurred in the inva- 
sion of Canada, Tvlacmicking 437 Balances on War Losses 

Fund, on hand ; to pay to sufferers ; and unclaimed and return- 
ed into the Military Chest, p. 113 Lord Goderich will pay 

attention to Mr. Mackenzie's representations on the queslion of 

the War Losses claims, p. 194 Lord Goderich reminded that 

the Legislative Council had checked the payment of the War 
Losses, p. 235. 

Warrant, Form of a — In use by the Lieutenant Governors, in 
drawing monies from the Treasury, over which the Assembly 

have not yet exercised a controlling power, p. 182 receipt of 

warrant, p. 183. 



Index.] W I L 72 

Warwick — Expenditure on emigrants and in the settlement of, 
p. 173. 

Waste Lands. — Lnnds granted in Upper Canada, 1833, p. 107 

ditto, 1834, p. 103 ditto, 1830, p. 108 and 109. 

Welland Canal Company. — Salaries of some of the officers of, 
p. 122. 

Wells, Hon. 'Joseph — Salaries, p. 115 his offices, emoluments, 

and land grants, p. 243 keeps the accounts of the Upper Ca- 
nada College, Harris, p. 345. 

Wells, William B., M. P. P. — His opinion concerning the most 
suitable places for holding elections in Grenville, p. 61. 

Wilkinson, John A., M. P. P. — Considers Sandwich the best 
polling place for Essex, p. 63. 

Western District. — List of the Justices of the Peace, p. 303 

list of the Commissioners of the Courts of Requests, p. S31. 

Willis, Mr. Justice. — His mode of interpreting the disputed act, 
and subsequent conduct afforded the government a fair excuse 

for ills removal, Stanley, p. 96 Petition of the County of York 

on h : s behalf, p. 99 soon dismissed from office by Sir P. 

Maitland, who acted on the espionage system, Mackenzie, p. 206 

the House of Assembly addressed the King, praying that ha 

might be restored, ib., p. 207 their address was answered— 

the way in which it was answered by the British Ministry, 
p. 207. 

Willson, John, payment to, for Canadian Methodists, £666 13s 
4d., p. 134 ...payment for do., £333 17s 9d., p. 140.... 
votes to return Lord Goderich's despatch, xliv. . . .his return 
of his office and land grants, p. 256. 

Wilson, James, M. P. P. (Analysis of his Evidence.) — Recom- 
mends Demorestville and Hallowell as polling places for Prince 
Edward, 86 ...illegal application of proceeds of wild land 
taxes by Newcastle justices, 87. . . .thinks that a system of fa- 
voritism prevails in the selection of justices of the peace, 88 
....the industry of the country taxed while the Canada Com- 
pany's reserves escape taxation, 89 ... . thinks that the colonists, 
who did not provoke the war with, the United States, ought not 
to have been made to pay for losses sustained in that war out of 

their hard labours, 91 is opposed to paying clergymen out 

of the public funds, 96. . . .wishes an agent to be appointed to 

England, 98 most of the inhabitants of Prince Edward 

greatly desiie the abolition of the law of primogeniture, 103 
. . . .the Banking system injurious to the people, 104. . . .thinks 
that clergymen should not sit in the Legislative and Executive 
Councils, 105. . . sons of Loyalists and others complain of the 



7& Y O R [Index. 

Willson, James, Esq. — continued, 

manner in which militia appointments are regulated, 100. . . . 
in favor of an Elective Council if the present system cannot be 

amended, 107 the Canada Company have had it in their 

power to monopolize lands and raise prices, 109 ... .thinks 
there are a number of improper persons in the Legislative 
Council. 116. . . .thinks the country would like the vole by bal- 
lot, 117. . . the Common Schools are not sufficient for the wants 
of the country, 118. . . ,the state of the roads is indifferent in 
Prince Edward, 119. 

TVoolvertqn, Dennis, M. P. P., considers Smithsville the most 
central polling place for the 1st riding of Lincoln, p. 02. 

Y. 

Yager, Henry W., M. P* P., recommends two polling place* for 
Hastings, p. 67. 

York General Committee. — Certificate of their having appointed 
Mr. Mackenzie the Agent of the Petitioners in Upper Canada 
to proceed to T«omlon with their memorials praying for the re- 
dress of grievances, p. 189. 



E P> P* A T A . 
•»♦» — 

In the index, page 12, line 3, for " 13" read " ISO." 
In »• " " 20, " 30, for " tendered" read " tended." 

In » " " 23, " C, " "1826" read "1825." 
In <4 " »« 33, " 7, •• "1824" " "1826." 
In " " " " " " " "258" " "260." 

In Appendix. 

In page 62, after line 11, add "and Osna-." 

In " 70, line 33, for "428" read "427." 

In " 82, " 25, " "226" " "526." 

In " 91, " 45, " "lat" " "late." 

In " 94, at the end of Mr. Kurd's evidence, (in part of th© 
impression,) erase "The witness withdrew." 

In page 103, line 8, for "persons" read "a person." 

In " 115, " 37, " "£11" read "£lll." 

In " 119, " 30, " "minster" read "minister." 

In " 123, " 31, " "£1,355" " "£1,333." 

In ■*■ 130, " 5, " "Reserves" »« "Revenues." 

In " 148, " 8, " "Fund" " "Funds." 

In " " " 17, " "Steetsville"" "Streetsville." 

In " 170, " 6, " "1331" " "1831." 

In " 171, " 5, " "Pawke" " "Hawke." 

In " " " 21, " "Comer" " "Comer." 

In " " " 26, " "Wiskens" " "Wickens." 

In " " " 29, " "Corner" " "Comer." 

In " 188, *'• 12, " "icstrement"" "instrument." 

In " 215, " 25, " "prohibition"" "prohibitive." 

In " 219, " 36, " "absolete" «« "obsolete." 

In " 226, " 7, «« " Jutsice" " " Justice." 

In « 271, « 5, " "directers" " "directors." 

In " 274, « 28, " " Parliament, (1834.)" read " Parlia. 

'merit, (1835.) 

In page 275, line 20, for "uiet" read "quiet." 

In " 289, " 13, " "slaves" " "slave." 

In «• " " 16, " " trades" read " trade." 

In •• " " 30, " " grievously" read " graciously." 

In " " " 34, « "spoliation," " "spoliation." 

In " 292, »• 42, " "Legislators" " "Legislatures." 

In " 294, « 2, " •« Officer" read " Office." 

In " 295, " 13, " " services" read *■ services." 

In *« 296, » 6," "abseence" read "absence." 

In " " M 7, " "meesure" read "measure." 

In " " " 8, " " respective" read " respective." 

In " 297, u 4, « "heresay" read "hearsay." 

In " 300, " 13, " "I. P. Hurd" read "S. P. Hurd." 

In " 337, the third name, for " Jasias Tayler" read " Josias 



Tayler." 



12 



2 ERRATA. 

In page 350, line 2& for " Example" read "Excmpla." 
In « 351, " 7th line from the foot, for " Anelieta" read 
"Analccta." 
In page 253, line 5, for "Analeta" read " Analecta." 
44 35G, line 15, nfter 'General' add 'of.' 
" 359, " 19, for 'deserve' read 'deserves,' 
" 360, " 32, for 'petion' read 'petition.' 

" 3G9, " S2, after ' meat ' erase ' it.' 

" 1*, " 8 from the foot, for 'constitute' read 'con- 

stituted.' 
In page 10*, line 33, for 'confined' read 'confirmed.' 

" 23*, " 9 from the foot, for ' Legislature' read 

1 Legislatures.' 

In page 26* line 8, for 'We, Your Excellency's' read 'We, 
His Majesty's.' 

In 9th paragraph of King's College Charter, for • our said 
Council' read ' our said College.' 



PROVINCE OF UPPER CANADA, j 



No. 21* 



IN ASSEMBLY, 10th April, 1335. 



SEVENTH REPOKT 

FROM THE 

COMMITTEE 

ON 

GRIEVANCES. 



To the Honorable the Commons House of Asscmhhj. 

The Select Committee on Grievances, to 
whom were referred the Despatch of Lord Vis- 
count Goderich, His Majesty's Principal Secre- 
tary of State for the Colonies, of date the 8th 
of November, 1832, with the Message of His 
Excellency the Lieutenant Governor, and sever- 
al letters, petitions, and other Documents which 
had been addressed by William Lyon Macken- 
zie, Esquire, to the Secretary of State, accom- 
panying the same — the Message of His Excel- 
lency the Lieutenant Governor in reply to the 
address of the House of Assembly for informa- 
tion concerning the dismissal and re- appoint - 

Assem. No. 21. A 



XI REFORT 

ment to office of Mr. Solicitor General Hager- 
man, the appointment of Mr. Jameson as Att'y 
General in the room of Mr. Boulton, and relative 
to the expulsion of the said William Lyon Mac- 
kenzie from the House of Assembly in a former 
Parliament — and certain other messages, peti- 
tions and documents on various subjects of grie- 
vance and public and private wrong — have, in 
obedience to the orders of the House, made some 
enquiry on the several subjects referred to them, 
and agreed to the following Report : 

In 1828, a Select Committee of the House of 
Commons enquired into the causes of those em- 
barrassments and discontents which had for 
many years prevailed in the Canadas. This 
Committee conclude their report by stating their 
anxiety " to record their complete conviction that 
" neither the suggestions they have presumed to 
" make, nor any other improvement in the Laws 
"and Constitutions of the Canadas, will be at- 
tended with the desired effect, unless an im- 
M partial, conciliatory and constitutional system 
" of government be observed in these loyal and 
" important Colonies." 

Last summer another Committee of the House 
of Commons entered upon an investigation of 
the causes of Canadian discontents, but confined 
their enquiries to the Lower Province, the Right 
Honorable E. G. Stanley having under great 
misapprehension assured the House that the ut- 
most harmony prevailed between the Lieutenant 
Governor and the Council and Assembly of this 
Colony. 

Your Committee respectfully submit the results 
of their enquiry, together with the evidence. If 



ON GRIEVANCES. Ill 

it shall appear to the House that there is just 
cause of complaint, and that the government 
has not exerted its Constitutional powers to re- 
medy the evils from which the people desire re- 
lief, the course to be pursued is to address the 
Throne, stating their grievances and praying re- 
dress. If, on the other hand, the House shall be 
of opinion that the government is administered 
impartially, with sound discretion and a single 
eye to the general welfare ; that its officers and 
ministers enjoy the public confidence and worthi- 
ly discharge their various duties, there can be no 
doubt but that the Representatives of the people 
will mark their approbation of their conduct by 
cheerfully placing in their hands the small Annual 
Grant, which in name, more than reality, indi- 
cates a popular influence in the government. 

The almost unlimited extent of the patronage 
of the Crown, or rather of the Colonial Minister 
for the time being and his advisers here, together 
with the abuse of that patronage, are the chief 
sources of Colonial discontent. Such is the 
patronage of the Colonial Office that the grant- 
ing or withholding of supplies is of no political 
importance unless as an indication of the opin- 
ion of the country concerning the character of 
the government, which is conducted upon a sys- 
tem that admits its officers to take and apply 
the funds of the Colonists without any legislative 
vote whatever. 

^ Some years ago the people of the County of 
York held a meeting and petitioned for the re- 
dress of Grievances; their memorial was trans- 
mitted by W. W. Baldwin, Esq. the Chairman 
of the meeting, to the Right Honorable E. G. 
Stanley, and his advice requested as to the means 



IV REPORT 

of redress, v\hich he most willingly gave. His 
autograph letter in reply, from which the follow- 
ing is an extract, is appended to Dr. Baldwin's 
evidence given before Your Committee. 

[Extract.] 

" Upon the subject of the Legislative Councii, 
im (which I do not hesitate to say, without any dis- 
" respect to or reflection upon the individuals who 
" compose it, is at the root of all the evils com* 
" plained of in both Provinces.) Upon the ex- 
" elusion of the Judges, with the single exception 
u of the Chief Justice, from all interference in 
* political business — and upon the necessity of 
'■ introducing some alteration into the present 
il Jury system — the three most important points 
" of your petition, you will find that the opinion 
" of the Committee entirely concurs with yours, 
"•and that opinion I am disposed to support to 
" the utmost of my powers- 
Mr. Stanley adds that the Constitutional re- 
medy is u open to the people of addressing for 
" the removal of the advisers of the Crown, and 
" refusing supplies," 

The patronage of the Crown, as now exer- 
cised in this Province, includes the payments of 
gifts, salaries, pensions, and retired allowances 
to the Clergy of the Methodist, Presbyterian, 
Protestant Episcopal k. Roman Catholic orders, 
and to nearly the whole of the civil officers of 
the government, including Sheriffs, Collectors of 
Excise and Customs Revenue, Coroners, Justices 
of the Peace, Commissioners of the Court of 
Requests, the heads of the several departments 
and all in subordinate stations under them; to 



ON GRIEVANCES. V 

Judges of the District and Surrogate Courts, 
Registrars of Conveyances, Wills, &c., Commis- 
sioners of Customs, Clerks of the Peace, &c. 
&e. These officers hold their several situations 
only during the pleasure of the Crown. The 
Royal patronage also embraces the judicial es- 
tablishment, many pensions, the nomination of 
one branch of the Legislature, by the name of 
the Legislative Council, and the appointment of 
its speaker and other officers, — the selection of 
the officers of the House of Assembly — the con- 
trol of the Indian Department, of King's College, 
and of Upper Canada College, the appointment 
of the twelve District Boards of Education, and 
the direction of the expenditure of public monies 
in aid of Emigration — the selectiou of the Ex- 
ecutive Council — the uncontrolled management 
of millions of Acres of public Lands — the ap- 
pointment of 1500 commissioned Militia Offi- 
cers — the sole control of the Military and Naval 
Forces— -and (subject to the votes of the House 
of Commons in this case) the regulation of the 
whole Military and Naval expenditure. 

The Crown also controls the expenditure of a 
large annual amount of local taxation by its pow- 
er of appointing the District Magistracy during 
its pleasure — the justices thus appointed select 
the District Treasurers and a large number of 
subordinate officers, and exercise varied and ex- 
tensive civil and criminal jurisdiction. The re- 
fusal of the bench of Magistrates of the Eastern 
District during the present Session, to render to 
the House an account of the receipt and expen- 
diture of the local taxes and revenues raised from 
the people, and entrusted to the charge of these 
functionaries, under the authority of several acts 
of the Legislature, affords another proof that the 



VI 



REPORT 



system under which they are appointed requires 
instant revision ; more especially as the com- 
plaints of the people of that District against 
magisterial peculation, as recorded on the jour- 
nals, are of long standing. 

The Crown appoints the members of the 
Court of King's Bench, and the Judges of that 
Court regulate at their discretion the tariff of 
fees to be paid therein by suitors. These judges 
are dependent on the Crown for such retiring 
pensions as it may see fit to award them, if any, 
and enabled to look forward with hope and ex- 
pectation to the enjoyment of other offices and 
situations within its gift, by themselves and their 
families. 

The Canada Company, the several incorpora- 
ted establishments for Banking, Canalling and 
other purposes, and the Harbour, Dock & Wharf 
Companies, in nearly all cases, unite their patron- 
age with that of the local government, and stea- 
dily strive to increase the influence of the Crown. 

The Post Office Department, with about a 
hundred Deputy Post Masters, is under the sole 
control of the Crowrv — contracts are made, and 
all appointments held during its pleasure ; the 
surplus revenue is transmitted to England. No 
detailed accounts of receipts and expenditure, 
have ever been laid before the Colonial Legisla- 
ture. The rates of letter postage between the 
different places in the Colony, between this Co- 
lony & the others — and between Upper Canada 
and England, are very extravagant. The cor- 
respondence with Europe is chiefly carried on 
via : New York, which is at once the cheapest and 
most expeditious route. 



ON GRIEVANCES. VII 

Representations were made to the British 
Government that the Post Office system required 
revision, and a law was passed in consequence 
to authorise the several Colonics to establish 
Post Offices. The form of a law, such as the 
government would approve, is before the House, 
but its provisions are so inapplicable and absurd 
that no benefit would be derived from their en- 
actment. A change for the better must be that 
which will give the Colonists the entire control 
of this Department in Upper Canada. 

Salaries, Fees, <&c.^ 

By the tables of salaries, fees, emoluments, 
&c. 3 it will be seen that the patronage of the 
Crown, arising from civil and judicial offices and 
places within its gift in the Colony extends at 
least to £50,000 a year (exclusive of the Clergy 
Grants) the whole being raised from the people 
themselves and not one farthing derived from 
England. 

Up to 1827 an annual sum of £10,800 Ster- 
ling, or thereabouts, was voted by the Imperial 
Parliament towards the payment of the civil list 
of this Colony, and it was not till April 1834, 
that the £4472 allowed yearly to Clergymen of 
the Church cf England from the funds of Great 
Britain was withdrawn. Now, however, the 
whole expense is thrown upon the Colony, the 
inhabitants of which can exercise but little in- 
fluence over a government which disposes of 
their property at its discretion. 

Of these annual salaries, fees and emoluments, 
117 persons receive, each under £100 : — 40 per- 
sons receive each from £ 100 to £200 ; 29 persons 
receive, each from £200 to £300 ; 23 persons 



VltT fcEFM 

receive, eacli from £300 to £500; !0 persons 
receive, each from £500 to £750; 6 persons 
receive, each from £750 to £l0i>0; 10 persons 
receive, each from £1003 to £1;;00 ; 2 persons 
receive, each from £1500 to £2000 ; 1 person 
receives, £2,066, and I person receives £4,9jo. 

On a reference to the table of offices, salaries, 
&c, it will appear evident that many officers 
there named could he dispensed with, and 
that, of the others, the greater part receive in- 
comes which the services they are required to 
render and the state of the finances of the Co- 
lony do not warrant. 

Upwards of £33,000 have been paid from the 
Colonial Revenues within the last eis:ht years 
to the Lieutenant Governors, the greater part of 
which it is probable they save and carry to Eu- 
rope. The incomes of Governors in the northern 
parts of the States vary from £100 to £1500 a 
year, and the incumbents are taken from among 
the resident inhabitants. 

The salary of the present Lieutenant Gov- 
ernor Sir John Colbome, with his other public 
sources of income or emolument is about £5G31 
a year.* Formerly the amount of this income 
w T as less objectionable for it was chiefly derived 
from Europe and the Lieutenant Governors 
transmitted thither the surplus on their return. 

£808 is the amount of the income of the 
Private Secretary to the Lieutenant Governor. — 
It appears to us that this office ought to be done 



* This income will have been increased since the accession of the 

piesent ministry by His Excellency's promotion to the Colonelcy of 
a regiment, 



ON GftllSVANCES. IX 

away with, and the duties performed by the ex- 
isting public departments whieh are abundantly 
sufficient for their discharge. 

The Honorable Peter Robinson appears to 
have received of salary from the Colony within 
the last 7£ years £12087. His annual income 
i; now £1721. 

The Honorable Duncan Cameron has received 
since January 1827, £8624 12 besides a variety 
of other payments for fees. kc. There can be 
no pretext for paying this officer at the rate of 
£1033 a year, and then paying Mr. Jarvis £200 
as a deputy to do the business of his office. 

The Honorable John H. Dunn has received 
£11.534 of public money since 1827. His office 
is a very responsible one, and to it might be con- 
veniently added the offices of several bursars, 
treasurers, commissioners and other public ac- 
countants in this City, with a proportionate sa- 
ving to the public. 

Mr. Robinson is the " Survevor General of 
Yv'oods," the - Surveyor General" is S. P. Hurd, 
Esquire, with an income in fees and salary of 
£742 a year or thereabouts. The history of 
this gentleman's appointment may be ascertained 
from his evidence annexed to this report. 

Mr. Hurd was appointed Surveyor General on 
the 1st of November, 1829, and was ordered to 
be paid his salary and fees from that date in full 
for the first six months; then the Colonial office 
ordered that he should receive half the income of 
his office until the time when he should think fit 
to enter upon its duties. 

Assedi. No. 21. B 



RKPuitT 



Between 2 and 3 rears after he wa? appointed 
lie came into the Province and began to fulfil 
tiie duties of the Surveyor Generalship, and 
was paid nearly at tSie rate of £ 400 a year for 
the period in which he had neglected the office ; 
while Mr. Che welt, the senior clerk, was also 
remunerated in full by the Province as the Sur- 
veyor General, for actinias his deputy, and has 
since obtained a pension of £40;) a year out of 
the Province revenue by an order from England, 
and retired. Mr. Chewitt with his pension has 
the Registrarship of the Surrogate Court at 
£104 fees last year, 

The multiplication of offices in the land grant- 
ing Department creates great and unnecessary 
expense and much confusion. 

Aichdeacon Strachan's income cannot ne ea- 
sily ascertained. The application of the House 
of Assembly to be allowed to look into k * the 
Blue Book'" or official statement of the pecunia- 
ry affairs of the Colony sent to England, for the 
years 1324, 1825, 1826, 1327, 1328, 1829. 1S30, 
1831 and 1332 the Lieutenant Governor declines 
to comply with ; and every effort of the Com- 
mittee to obtain the particulars of the Archdea- 
con's income for a lew years back, by questions 
put to himself has proved unsuccessful. 

Since the 1st of January 1820. Dr. Strachan 
appears to have received of public mOiiey", as 
Archdeacon, senior Executive Councillor, Rector 
of York, President of the Board of Education, 
&C. £7977; and for his journey to England in 
1827. in cash and lands, 'other £4051. In all 
£12 828. Details and explanations are placed 
in the appendix, hut we presume that the turn 
lunaod tails for short of the gross amount. 



ON •RICVAKCEI. W 

It might have be^n e.Ypectod tint the ofLcea 
r>f Clerk of the Executive Coun< iL and fbst 
Clerk i a that office would have been consoli- 
dated into one at about £300 a year, and no 
fees, on the death of the late Mr. Small. There 
are very few duties to perform, and these not 
generally of an important nature, jr.eC Mt. Bei- 
kie's name appears in ti*e Blue Book for 183 I, 
as Clerk of the Council at about £725 a year, to- 
gether with a first and second Clerk at £250 and 
£209 a year respectively. 

The Honorable John B. Robinson's services 
for the last eight years have been repaid with 
about £ 18,000, nearly all of which is from the 
Colonial Revenue. He lias obtained £ 100 a year 
for services as Speaker of the Legislative Coun- 
cil, over and above his other salary of £1606 per 
annum as Chief Justice. The situation of presi- 
ding member of the Legislative Council and 
Chief Criminal Judge of Upper Canada never 
ought to have been united in the same person. 
The Speaker of the House of Assembly receives 
only £200, or half the salary claimed by the 
Speaker of the Council for services far less im- 
portant, arduous, and fatiguing. 

Mr. Grant Powell, in his various capacities, 
appears to receive £855 a year, or thereabouts. 
The extra allowance of £20 ) ever and above 
his salary of £200. as Clerk of the Legisla- 
tive Council ought not to be continued ; and 
his office of Judge of the Home Distiict Court 
should not be held along with an office, which 
requires his services elsewhere at the same time 
as Clerk. 

Mr. Huttan's fees, as sheriff of the Newcastle 
District, amounted lol'JOl/) in KJ34. & to £ 1 180 



XII IlEPORT 

in 1833; such incomes indicate the expediency 
of some Legislative action on the fees of Sheriff. 

Mr. Jones's fees, as Clerk of the District Court 
for the same District, appear to have equalled 
£473 in 1831 ; very large sums were realized in 
some other Districts. In an office like this where 
neither talent nor legal acquirement is requi- 
site, competent and respectable men would glad- 
ly act for incomes of £100 or £150, and justice 
be rendered at less cost to the unfortunate. 

The absurd system under which the Collectors 
of the Customs are remunerated has already ob- 
tained the attention of the House. 

Mr. Samuel Ridout receives £500 as Regis- 
trar, and £222 as Agent to the Land Granting 
Department; the latter office is a sinecure and 
ought to be abolished. Many of the Registrars 
perform their duties by Deputy, and it is believed 
that if their fees were reduced nearly one half, 
enough would still be paid for any services they 
are called on to render, while the expense to 
the public in conveying real estate would be 
greatly curtailed. 

The salary and allowances of the Attorney 
and Solicitor General, at £1200 and £l00 a 
year respctively, are unreasonably high- The 
Speaker, for three months in the year, is required 
to give his attendance daily, for many hours a 
day, and his income is but £200. The official 
services of the Crown Lawyers do not certainly 
require more talent, nor arc they more difficult 
or arduous than his. 

The Crown Office is a grievance of magni- 
tude. The incumbent is required to fulfil duties 



ON GRIEVANCES. XI lC 

which any gentleman with an ordinary educa- 
tion could perform, aided by a few clerks at a 
slender annual salary ; rumour had declared his 
income from fees alone to be within a tritle ot 
£2,000; his own statement in the Blue Book 
for 1834, gives £1257 of fees that year, and 
£111 in salary, in all £1368. These fees are 
regulated by the judges, who have thus the pow- 
er to remedy the evil. 

In the detailed returns Mr. Jonas Jones' in- 
come as Judge of the District Court in three 
Districts, and other offices is shewn to be £91G. 
In addition to the varied duties of these situa- 
tions, Mr. Jones is the President of the Board 
of Commissioners for Improving the Saint Law- 
rence. 

The Adjutant General of Militia receives 
£449 as salary and allowances, (besides his half 
pay as an ensign of the regular forces.) He is 
also allowed an assistant adjutant general to do 
the work at £200 a year, one of these salaries 
ought to be abolished. 

Pensions. 

Within the last eight years there have been 
paid to eleven individuals, in the form of Pen- 
sion, out of the Province Revenues, but with- 
out the consent of the Legislature, about 
£30,500 — of this vast sum of money nearly 
£4,000 have been paid to Colonel Talbot ; — 
£4.000 to the late John McGill ; £3,856 to 
Bishop McDonell ; £5,998 to the late Sir Win, 
Campbell ; £3,333 to the late D'Arcy Boulton, 
Esq. ; £5.555 to the late IIon.D. W.Powell ; also 
£1,776 to the Hon. William Allan, to be by him 
transmitted to Sir D. W. Smith, Bart. Northuin 



A'TV REPORT 

berland. Had this sum of £30,500 I con ap- 
plied under a frugal Government, to the im- 
provement of the Roads and Bridges, it would 
have done the country a great deal of good. 

The civil pensions of the United States a- 
mounted in l"8 17 to $1,4(50 ; in 1821 to $1,500; 
in 1825 to 82,100, and in 1827 to $2,000.— 
This is the effect of having the management of 
lheir own money. 

3CccScsiasiIcal X^tnMisiiSHent. 

This consists of four classes — the Methodi fa 
— two Conferences, not in connexion with each 
other. The Church of England — the Presby- 
terians, two Synods, not in connexion with 
each other ; and the Roman Catholic Church. 
The Church of England has been upheld by the 
Crown since the first settlement of the colony. 
The Churches of Scotland and Rome received 
but a miserable pittance, until within the last 
six or seven years. The Secedcrs from the 
Scottish Establishment, began to receive a boun- 
ty for their spiritual services some three or font- 
years ago ; and the Methodist conferences had 
grants extended to them for the first time in 
1832 or 183.5. The Independents, Baptists, 
Congregationalists, Quakers, Lutherans, Tunk- 
ards, Menonists, Primitive Methodists and 
other sects do not receive any part of the pub- 
lic money, and several of the Presbyterian and 
Methodist Ministers refuse to accept any por- 
tion of it. 

The House of Assembly, in several successive 
Parliaments, has expressed its entire disappro- 
bation of the conduct of the Government in 
thus attempting to uphold particular religious 



0\ GBIETAxNCEf. XV 

sects foj money grants ; and in the lOtli and 
J Itii Parliaments, has declared that it recogniz- 
ed no particular denomination as established 
in Upper Canada with exclusive claims, powers 
or privileges. 

The ministers of these Ecclesiastical establish- 
ments derive their official pensions entirely frora 
the public revenue raised within the Province, 
and receive besides an income from their con- 
gregations ; England pays no part. 

There were pnid out of the Provincial chest, 
without any vote of the Legislature, in f8.i2, 
I333ahd 1834, to the four Etablished Churches 
£10,441, of which £15,284 were paid in 1331.* 

JHeikodists. 

The " Canadian Wesleyan Methodist Con- 
ference" received £830 in 1833, and £389 in 
1831 ; these sums were to be applied to the 
building of Chapels, Sec. 

The '-British Wesleyan Methodist Confer- 
ence" formerly the Methodist Episcopal Church 
received £1,000 in 1333, and £611 in 1834, to 
be applied (as is stated to the Lieutenant Go- 
vernor by the Rev. Joseph Siiu&ot',) 4 - to the 
'• erection or repairing Chapels and School- 
u houses, and in defraying the general expenses 
*< of the various Missions in our charge."* 

Your Committee were unable to obtain an 
account of the expenditure oi these monies in 



* £15,881 put 1 to the Clergy of 4 particular denominations in 

one year, is rather at variance with a portion of Viscount Godcridi'ti 

ten, that slipwii);/ undue preference to the Church of England 

t h> ;i t variance with li h whole course of policy, more espe^iailj as 

£3,60:2 0/ Lhat tu:u was giv'eu lu ^' l1 -'- dsjuouima 



XVI REPORT 

detail. It appears indeed that no snch accounts 
had been transmitted to the Government Office 
In either of these years. 

This appropriation to the Methodists as an 
Ecclesiastical Establishment, is very singular. 
In the year 1826 the opinion entertained of them 
by the Executive, is given by Dr. Strachan, 
who informed the Colonial Minister in England 
that the Methodist Ministers acquired their edu- 
cation and formed their principles in the United 
States ; and they felt the suspicion attempted 
to be thrown on their loyalty so strongly, that 
they appealed to the House of Assembly, which 
enquired into and reported on the matter in the 
year 1828. 

Upon another occasion they received a re- 
buke from His Excellency Sir John Colborne, 
as will appear from the document in the appen- 
dix containing His Excellency's answer to the 
Address of the Conference, requesting him 
to transmit to His Majesty their Address on the 
subject of the Clergy Reserves. Since, how- 
ever, a share of the public money has been 
extended to. and received by them ; there 
seems to have been established a mutual good 
understanding, 

The Church or England. 

To the Ministers of this denomination, as 
salary, Sec., the government has paid out of the 
Province chest, within the last three years, the 
sum of £27,321, of which £9,602 were paid in 
]831. For details we refer to the appendix. 

Within the last eight years £3,559 have been 
paid to Archdeacon Stuart of Kingston, for 



ON GMEYANCES. XYJI 

his services as Archdeacon and Minister of tbo 
Church of England. All this money was paid 
out of the Province revenues without a grant of 
the Legislature. 

Presbyterian Clergy. 

This christian denomination has received 
£5,541 within the last two years ; part of which 
was to the Synod in communion with the Scotch 
Church, and the lesser share to the other Synod. 

The detail of this expenditure, so far as it 
hajs been obtained, will be found in the appen- 
dix, 

Hotnan Catholic Clergy. 

Within the last two years £1,910 have been 
paid to the Catholic Bishop; a part for himself; 
apart for his clergy; a part for repairing and 
building Catholic Chapels and Churches, and a 
part for Educational purposes — the payments 
nave all been made from the colonial revenues, 

It will be seen, from the evidence annexed to 
this Report, that some exertions have been 
made by Your Committee to obtain the accounts 
and vouchers of the payments mode by the 
Bishop to his clergy and others, and for build- 
ing churches. The Lieutenant Governor has 
also directed an inquiry to be made as to the de- 
tails of this part of the Ecclesiastical expendi- 
ture, but, hitherto, without success, 

Celebes. 

Between the years 1789 and 1835—25,905 
acres of public lands were set apart by the 
Crown as Glebes to clergymen. 

Of these there were given to the Church of 

England 22,345 Acres. 

Assew. No. 21. e 



XV] If REPORT 

To the Scotch Church, 1,160 do 

To the Roman Catholics, 400 do 

To all other Denominations, do 

Land Granting Department. 

Viscount Godericl/s Despatch shews that 
this grievance, for such it was, has been in part 
removed. To what extent, however, the docu- 
ments Nos. 7. and 8. oi'the Appendix do not 
xcry clearly shew. 

King's College and U. Canada College, 

The former institution is not jet in operation, 
although much required for the instruction of 
the youth of the Province in those branches of 
education not usually taught in Common Schools. 

The latter is upheld at great public expense, 
with high salaries to its principal Masters, but 
the Province in general derives very little ad- 
vantage irom it. It might be dispensed with, 

Viscount Goderich had His Majesty's com- 
mands to express the Royal desire, that the opi- 
nion of the people of the colony might be con- 
sulted with respect to the constitution of King's 
College. A Bill has accordingly been sent to 
the Legislative Council, sanctioned by a large 
majority of the House of Assembly, for the estab- 
lishment of that seminary, but there is not much 
reason to expect that the Council will coincide 
in opinion with the representative branch of the 
Legislature on this important question. 

Expenditure on Emigration. 

Accounts of an expenditure of £31,728 18s 
lid under the Crown Land Commissioner, in 
aid of the Emigration from Europe, were refer- 
red to vour Committee, who, being unable to ex- 



ON GRIEVANCES. XIX 

amine into all the details, sent for the Vouchers 
for the late Mr. Mount's .expenditure of about 
£7,309 of the money in Adelaide, Warwick, 
and Carradoc. Their statements, No. 56 and 

No* .07 of the Appendix, will show the opinion 
they entertain of this mode of expending the 
provincial revenue. 

Audit or iSic Public Accounts. 

The present system is altogether inefficient 
for ensuring the application of the revenue to 
the purposes for which it is intended to be ap- 
plied. The House of Assembly, acting by one 
or more of its committees in a session, cannot 
examine the accounts and vouchers of the se- 
veral public accountants, owing to the very com- 
plex, obscure and unsatisfactory manner in which 
they are furnished ; and as for the Executive 
Council, the law recognizes them not as audit- 
ors of the revenue, nor do they merit the public 
confidence as a board of audit. 

Of the grant for the roads in 1333, paid 
about a year ago, nearly £12.000 entrusted to 
Com miss -oners remain yet unaccounted for. 

The grants to Canals, many thousand pounds 
in amount, are in general very imperfectly ac- 
counted for. 

The payments of Casual and Territorial Re- 
venue, fines, forfeitures and seizures, are also 
very imperfectly accounted for. either to the 
country, or to the Crown or its ministers. 

The remedy would be a Board of Audit, the 
proceedings of which to be regulated bv a well 
considered statute under a responsible govern- 
ment; such a Board might save the country 
many thousands each year, but it is difficult to 
believe that any efficient means of auditing the 
whole provincial revenue can be provided by 



XX REPORT 

Legislative enactment, while the Legislative 
Council it* constituted as at present. 

*Ilclwi'iis oF Accounts, <&c. 

Many items of information required by the 
House and its Committees from the Government 
with respect to the public accounts, the receipt 
and expenditure of public monies, college and 
other funds, monies placed in the hands of indi- 
viduals for the payment of clergymen or the 
building of churches and chapels, &c. have as yet 
been withheld, and the receipts and expenditure 
of the post-office department have been very 
unnecessarily delayed. In most cases the par- 
ties whose duty it was to compile these returns 
have had ample time to do so. In many other 
cases the statements required have been furnish- 
ed to the house. The remedy for neglecting to 
supply returns in most cases, would be by a sta- 
tute providing the time and manner of making 
them, and naming the officers who should ren- 
der them to the Legislature; but it is well 
known that such an enactment would fail in the 
Council, which has an interest in preventing the 
enforcement of practical accountability to the 
people. 

Little respect is paid, even in subordinate 
matters, to the wishes of the House of Assem- 
bly. In the year 1823, the late Francis Collins 
was convicted of an alleged libel for imputing 
to the present Chief Justice Robinson, then At- 
torney General, native malignancy. This lan- 
guage was induced by the irritation Mr. Collins 
felt at the wrongful denial, by Mr. Robinson, of 
his right to traverse to the next assizes. He 

* ; fees recommendations in the Report of Sir Henry Parnell, Sir 
James Kempt. Mr. Ellice, and others Conimitsioucife tu report on 
tfrg .public revemtd—-iu thg ^jgendiju 



OA (SSIETAftCES. XXI 

Uas, however, sentenced to a fine of £50, to be 
imprisoned in the common jail lor twelve months, 
and to find securities to keep the peace for three 
years, and to remain in prison till he did so. 

The whole proceedings of the first session of 
the tenth Parliament on that subject are full of 
interest, and exhibit a faint and imperfect spe- 
cimen of the spirit with which the government 
was carried on, and the criminal justice of the 
country administered. It ended in a simple re- 
quest from the Assembly, that the residue of the 
punishment might be remitted, Collins having 
already been immured in the prison for several 
months. This reasonable request was flatly re- 
fused by Sir John Colborne. It is, however, 
humiliating to notice, that a similar request was 
readily granted to a few favored individuals for 
the release of the Farmersville rioters, who had 
iu the most shameful, premeditated and unpro- 
voked manner, assaulted and beaten the chair- 
man of a public meeting, held simply for the 
purpose of returning thanks to Lord Goderich 
for his Despatch. 

Under the same disregard of the views of the 
House of Assembly, measures Avere adopted by 
His Excellency for the second Leeds Election, 
quite at variance with their known wishes. 
The Returning Officer, in his evidence under 
oath, before the Grenville Committee, declared 
Beverley, where the first election was held, to be 
an unsuitable place. It had already been the 
scene of disgraceful riots, destructive of the 
freedom of election, was in the vicini- 
ty of those violent partizans of Messrs. 
Gowan and Attorney General, who were the 
authors of the former riots, and remote from the 
district town where any rioters could be confined. 



The Returning Officer al.^o stated, that the 
time of six days, limited by the existing law for 
the election, was insufficient for polling all the 
Votes in the county; and that without an exten- 
sion of time the next return might depend on 
which could get their votes first polled. The 
Returning Officer was also judged and reported 
by the Committee, acting as they were under the 
sanctity of an oath, deficient in firmness, and the 
defence was declared frivolous and vexatious. 
Yet the same Returning Officer, and the same 
place were selected by Sir John Colborne for the 
new election, which was ordered to take place 
within so short a time that it was scarcely pos- 
sible to give the notice required by law in the 
different townships so as to apprize the free- 
holders. 

Under these circumstances it is not surprizing 
that renewed riots occurred at the second elec- 
tion, which has by another Grenville Committee 
been set aside. 

The Despatch of 8th 7%ov. 1832. 

The Despatch from Lord Viscount Goderich 
to Sir John Colborne, dated November 8th, 1832, 
and specially referred to your Committee, is an 
answer to the representations of about 24,500 of 
His Majesty's subjects of this Province, trans- 
mitted to England by Mr. Mackenzie, a mem- 
ber of this Committee and the agent deputed by 
the Petitioners to urge their claims on the con- 
sideration of Government. * There is an error 
in the Despatch, which states the number of 
Petitioners by Mr. Mackenzie at 8 or 10,000, 

* "There is no class of the Canadian poople, however small, 
**. nor individual anions: them however obscure his situation, to whose 
"petitions Hie Majesty does not require that the most exact and 
"respectful attention should be given." — Viscount Godcrich's ]>e«- 
patch, Nov. 8th, 1S32. 



»>N GRIEVANCES. Will 

below the true number, a subsequent letter to 
Mr. M. from the Colonial Office, appended to 

this report, corrects that mistake. 

Mr. Mackenzie also went to England as the 
Agent of about 10,000 Petitioners of the several 
religious denominations, whose claims Mr. 
George Ryerson was sent home to advocate in 
1830. 

The documents referred to your Committee 
are very voluminous, instead, therefore, of re- 
porting them, some extracts have been made 
to which the Despatch has reference ; these 
selections and other correspondence with the 
Colonial Office are appended to this report. 

The Despatch itself recommends many very 
valuable measures that His Majesty had been 
graciously pleased to suggest to the Government 
of this Province, and w r hich-are eminently cal- 
culated, if acted upon, to render the people 
more happy and contented, viz :— 

1. The passing of a Bill for the amendment 
of the Election laws. 

2. The alteration of the Charter of King's 
College, in such a manner as shall agree with 
the wishes of the people — [acted on this year 
by the Assembly.] 

3. The placing the Town Members of the 
Assembly on the same footing in respect to 
w r ages as the County Members — [acted on this 
year.] 

4. Allowing all the members of religious de- 
nominations, who cannot conscientiously take 
an oath, the privilege of the elective franchise 
■ — [acted on.] 

5. The interdiction of the disposal of Crown 
Lands to favourites, and rendering them the 
subject of competition — [partly acted on.] 



XXIT REPCHT 

6. The repeal of the law which exclude! 
British subjects from voting at elections and 
being elected, until the expiration of seven years 
after their return from their residence in a fo- 
reign country — [acted on by the Legislature.] 

7. The non-interference of all persons hold- 
ing official situations in the Province at elec- 
tions. 

8. The strong recommendation of His Ma- 
jesty for a universal diffusion of Education, es- 

E>ccially among the poorest and most destitute — 
acted on by the House of Assembly this year.] 

9. The desire expressed, that the most am- 
ple and particular information should be given 
to the House of Assembly of the avails and 
diposition of the Casual and Territorial revenue. 

10. The disposition expressed by His Majes- 
ty that the Ministers of religion should resign 
their seats in the Councils, and that no undue 
preferences should be given to the preachers of 
the Church of England — [to this recommenda- 
tion, the Address of the Council hereto append- 
ed, was the answer.] 

11. The reducing the costs of Elections. 

12. The passing of a Bill for the independ- 
ence of the Judges — and 

13. The passing of a Bill limiting the num- 
ber of persons holding offices to seats in the 
House of Assembly. 

Mr. Mackenzie, in his efforts made in Eng- 
land for the attainment of a redress of grievan- 
ces, was generously assisted by Mr. Hume, 
(who has always taken an active part on behalf 
of the people of Canada), and by Messrs. War- 
burton, Ellice, O'Connell, Grote and Roebuck, 
Mr. Viger, Lord Howick and other Gentlemen 
of liberal principles. 



ON GRIEVANCES. XXV 

Among other subjects of complaint embraced 
in the Petitions referred to your Committee, 
were the neglect of general Education — the 
delays, costs and partialities exhibited in the 
administration of Justice — defective Jury laws — 
inconvenient polling places at county Elections 
— an imperfect state of the representation in the 
House of Assembly — the Primogeniture laws — 
the Crown and Clergy Reserves, and the large 
Provincial debt. 

Upon these and other matters of Grievance, 
your Committee have taken the evidence of in- 
dividuals of various religious and political creeds 
which they herewith submit to the consideration 
of the House. 

The legislative Council. 

This body forms a part of the patronage of 
the British Government; they are the no- 
minees of the Minister of the colonies, 
who can add to their numbers at his discretion. 
In continually rejecting the many valuable mea- 
sures earnestly prayed for by the people, they 
may be fairly presumed to act in obedience to 
the power from whence their appointments were 
derived. Your committee examined some of 
the members of the council holding offices of 
emolument under the government, and from 
their answers it will readily be seen whether they 
are or are not under the influence of the Lieu- 
tenant Governors for the time being. 

Capital may be brought into any country, but 
under an arbitrary, imprudent, and irresponsible 
government it will be impossible to retain a large 
share of it. Notwithstanding the encourage- 
ment given to emigration, as stated in Mr. Ro- 
binson's accounts ; it appears by No. 5 of 

A8SEM. No. 21. T) 



XXVI REN)RT 

Appendix, that the population of the colony has 
not increased much beyond the natural rate in 
an agricultural settlement of great extent, fer- 
tile soil, and spare population. The emigra- 
tion at Quebec in these four years, as also at 
New York, has been very extensive. The more 
wealthy class of emigrants pass through Canada 
to the United States. 

Justices of the Peace. 

These officers are appointed by the Lieuten- 
ant Governor alone, during his pleasure. Their 
powers severally and collectively are very exten- 
sive. By a reference to the returns appended to 
this report it will be seen that they consist 
chiefly of persons of a particular bias in politics, 
and are a means of extending the power and 
influence of the colonial system. 

Several witnesses were examined as to the 
mode of appointing Justices of the Peace, the 
character of the Magistracy, &c. Their evi- 
dence and returns of the present magistrates of 
the colony are submitted herewith. 

A Responsible &ovGi'iuttcnf.« 

The Governors of colonies, like other men, 
are individually liable to all the infirmities of 
human nature, and in their political capacity, 
when left to act without restraint, they, no doubt, 
sacrifice occasionally the interests and happiness 
of the people, to the gratification of their own 
passions and caprices. One great excellence 
of the English constitution consists in the limits 
it imposes on the will of a King, by requiring 
responsible men to give effect to it. In Upper 
Canada no such responsibility can exist. The 
Lieutenant Governor and the British Ministry 
hold in their hands the whole patronage of the 



ON GRIEVANCES. XXV11 

Province ; they hold the sole dominion of the 
country, and leave the representative branch of 
the Legislature powerless and dependent. 

Mr. Elmsley, a member of the Legislative 
Council, (the son of a late Chief Justice of the 
Province,) and formerly member of the Execu- 
tive Council, retired from that body lately, and 
advertised in the newspapers that he could not 
retain his seat and act independently at the 
board. The Archdeacon of York, Mr. Mark- 
land, and Mr. P. Robinson, three of the present 
members of the Executive Council, have given a 
different testimony before Your Committee. 
Mr. Stanley, in his letter already adverted to, ex- 
presses his opinion of the Executive Council 
with great candour and frankness, as follows : 

" I do, however, think that something might be done with 
** great advantage, to give a really responsible character to 
" the Executive Council, which at present is a perfectly 
" anomalous body, hardly recognized by the Constitution, 
44 and effective chiefly as a source of patronage." 

In the Royal Instructions to Governor Sir 
Thomas Cochrane, dated the 27th of July, 1832, 
signed by Viscount Goderich, and printed by 
order of the House of Commons, your commit- 
tee find the following passage : 

44 In accordance with the uniform course of precedents, 
44 your Commission constitutes a Council which will partici- 
44 pate with the Assembly in the enactment of laws. It is 
44 not, however, to be denied that this part of the established 
44 system of Colonial Legislation has been practically found 
44 to be attended with some serious difficulties. The members 
44 of Council, deriving their authority from the Royal Com- 
44 mission, have not seldom been regarded with suspicion and 
44 distrust by the great body of the people. Their elevation 
44 in rank and authority has but too often failed to induce a 
44 corresponding degree of public respect. Even the most 
44 judicious exercise of their powers has occasionally worn 
44 the resemblance of harshness when opposed to the unani- 
44 mous or the predominant opinions of those to whom the 
4v Colonists looked with confidence as their representati 



XXVlil REPORT 

44 Tlio Councils, it must be confessed, have not uniformly ex- 
" erted themselves to repel, or to abate, tin* prejudice. The 
u acrimony engendered by such disputes has sometimes given 
44 occasion to an eager assertion of extreme rights on the 
44 part of the Council, and to a no less determined denial of 
44 their necessary and constitutional privileges on the part of 
44 the Assembly. The Councils have also been employed as 
44 instruments for relieving Governors from the responsibility 
11 they ought to have borne for the rejection of measures 
44 which have been proposed by the other branch of the Le- 
44 gislature, and have not seldom involved them in dissensions 
44 which it would have been more judicious to decline. The 
" effect of the institution therefore, is too often to induce a 
44 collision between the different branches of the Legislature, 
44 to exempt the Governor from a due sense of responsibility, 
44 and to deprive the representative body of some of its most 
*' useful members. Yet the compensation which might atone 
44 for these evils is not obtained, and the Council does not as- 
44 sume in the colony a position or an influence analogous to 
44 that of the House of Peers, because entirely destitute of 
44 that hold on public opinion which the property and hmV pen- 
44 dence of its members, as well as the antiquity of (lie insti- 
' 4 tution itself, confers upon tho Peerage of this country. " 

111 Upper Canada, where society doubles its 
numbers every twelve years, (while in Lower 
Canada it does so every twenty years) where 
new towns and counties start every year into ex- 
istence, acting more on government than acted 
upon by its directions, obliging it to abandon 
schemes of improvement begun in one direction 
because population has by chance suddenly ac- 
cumulated in another — requiri ng new laws and 
tribunals every Legislative Session — coming 
from several counties and bringing hither their 
peculiar affections, feelings, and prejudices — in 
such a country the government ought to fellow 
incessantly the changes that work on public opi- 
nion — it should be cheap — because population 
and capital spreading constantly in the wilder- 
ness, there is no great accumulation of capital in 
a few hands, though there is a rapid one in the 
country ; the people are above want but canno* 



Oi\ GRIEVANCES. XXIX 

indulge in luxury and ostentation — their display 
will therefore ever make highly salaried otfliccrs 
disliked by the community at large. 

In Upper Canada the efforts of the Legisla- 
ture have been directed towards improving tho 
Executive Council. Yet it appears on enquiry 
that that body affects to have done neither good 
nor harm* — some of its individual members may, 
(as is asserted by Bishop Macdonell t) have ac- 
quired influence near the Lieutenant Governors 
and misled them, but the body has few if any 
definite attributes, other than in the Land Grant- 
ing Department, and there nothing but ministe- 
rial acts to perform. It is shewn in evidence, by 
Colonel Rowan and others, that the Lieutenant 
Governor may or may not shew the Executive 
Council his despatches, and may or rmiy not ask 
their advice, and may or may not follow that ad- 
vice after having asked it, except there be an 
instruction from Europe to the contrary. They 
aro occasionally called on to report on special 
matters tor the information of the government 
at home, which is often seriously and intention- 
ally misled by them. 

In the appointment to offices, and con- 
cerning the accepting or rejecting Legislative 
Bills, it does not appear that they have ever 
been consulted. 1 heir power in the Land 
Granting Department has been done away in 
this Province by the appointment of Mr. Peter 
Robinson, and in Lower Canada by that of Mr. 
Felton, with whom the respective Governors 
(alone) are supposed to consult and determine 
on all applications for land. The Canada Land 
Company monopoly too, necessarily, renders ap- 

-* See evidence of Executivo Councillors, loiter of Lieutenant Gov- 
ernor Colborne, and other documents annexed. 

f See his letter on that subject, annexed to the evidence of the 
Rev. Dr. O'GraHr. 



XXX REPORT 

plications for grants to the government less 
frequent. It appears to Your Committee that 
the Executive Council is a nondescript with 
which it is folly further to contend. 

There have been three classes of persons ex- 
amined before Your Committee — the first, of 
whom the Venerable Dr. Strachan is one, are 
of opinion that the Government is well enough 
as it is, and that as to responsibility it is as re- 
sponsible as other Governments. 

The second class desire a responsible Min- 
istry, some heads of departments well paid, to 
direct the government, to prepare bills and most 
of the business of the session, and to hold of- 
fice or lose it according as they may happen to 
be in the minority or majority in the House of 
Assembly. This system was never attempted 
in any of the old colonies, but Your Committee 
have asked many questions with a view of as- 
certaining what is the public opinion concerning 
its practicability here ; and it appears that Mr. 
Mackenzie, in his letters to Lord Goderich, ex- 
pressed a belief that with some modifications it 
might be productive of a greater share of good 
government and public prosperity than is at 
present enjoyed by the people. 

A third class contend for elective institutions,* 
and affirm that while Governors come from 
without, and Judges are commissioned from 
without, favoritism towards their connexions 
will prevail to an extent that would destroy the 
influence of any set of" Ministers," constituted 
upon the principle desired by the second class ; 
that the influence of Downing Street will eonti- 

* " I really do believe (observes Mr. Labouchere) that where so- 
" ciety is constituted as in Canada, any attempt on the part of the 
*' government to appoint the Legislative Council is the merest deh:- 
44 fcion. I have over been of opinion that the only way by which 
" vou can give to that body the weight and responsibility which they 
jht to possess is by introducing the principle of Election." 



ON GRIEVANCES. XX Xl 

nuc to prevail as hitherto; and that the favourites 
of the Secretary of State will, as at present, be 
placed in important offices to the exclusion of 
better qualified men. 

The facts connected with the cases of Mr. 
Jameson, Mr. Boulton, and Mr. Hagerman; the 
dismissal of the Crown Lawyers by one Colo- 
nial Minister, and the unexplained re-appoint- 
ment of one of them to his former office, and of 
the other to the highest judicial situation in 
Newfoundland, a short time after, by another ; 
the assertion by Colonel Rowan, to Mr. Boulton,* 
on the authority of the Lieutenant Governor, 
that the cause of his and his colleague's sum- 
mary dismissal, was the part they had taken in 
the House of Assembly to promote the repeat- 
ed expulsions of Mr. Mackenzie, after they were 
(it was presumed) made acquainted with the 
opinion of the Home Government on that course 
of proceeding; and the prompt and ready refu- 
sal of His Excellency to inform the House, in 
answer to its Address, of the reasons which had 
induced the Colonial Department to pursue the 
course it did in these matters, (although even 
Sir Peregrine Maitland has admitted in his des- 
patches to Mr. Stanley on the Falls Outrage, 
that it had become the usage in the colonies,, 
unreservedly to submit such correspondence to 
the Colonial Assemblies,) — these circumstances 
clearly prove that there is no responsibility to 
public opinion in Upper Canada, and it may be 
inferred from His Excellency's reply that he has 
instructions from England to withhold from the 
Legislature the official correspondence of the 
Colonial Department concerning their affairs. 

The cause of the removal of the Crown Offi- 
cers can only be learnt by Your Committee 

* Sec copy of hie letter in Appendix, 



Jtxxn REPORT 

from the Despatch of Lord Code rich,* who 
expressly says it was done hecanse they op- 
posed the avowed policy of Itis Majesty's Gov- 
ernment: the truth of which charge is abundantly 
notorious; nor does His Lordship seem at all to 
notice the personal indignity they had offered to 
himself even as a Minister of the crown. It is 
difficult to imagine on what ground His Excel- 
lency Sir John Colborne qualified the language 
of the Colonial Minister, and limited it to the 
case of Mr. Mackenzie's expulsion, unless it 
was to furnish the excuse which Mr. Boulton is 
known to have offered, that the views of His 
Majesty's Government had never been com- 
municated to him as they had been to Mr. 
Solicitor General.f But although His Excellen- 
cy has given this limited view without any known 
authority, yet we have heard Mr. Solicitor Ge- 
neral publicly declare that his removal had not 
the, remotest connexion with Mr. Mackenzie's 
expulsions and pretended disqualification by the 
late Provincial Parliament. The declaration 
therefore of His Excellency on the one hand, 
and of Mr. Solicitor General Hagerman on the 
other, are in direct contradiction ; and His Majes- 
ty's government at Home can alojie tell where the 
truth lies. It appears probable they were dis- 
missed for opposing the views of His Majesty's 
Government, not only in the expulsions of Mr 
Mackenzie but also horn their treatment of 
Lord Goderich and«of His Despatch, cmbrac* 
ing a variety of matters of general interest and 
policy, and that they have since been restored 
upon irreconcilable representations and excuses 
the nature of which this system of concealment 
prevents our ascertaining. 

* See Appendix, paper numbered 88. 
t Vide letter in Appendix paper 88. 



OS GR1LVANCLS. XXXllI 

The unexplained reappointment to office of 
the Crown Officers, Messrs. Boulton and Hager- 
nnn, men whose conduct and character were 
always particularly obnoxious to the people, 
created great dissatisfaction and distrust in the 
colony. 

If reference be had to the British Constitu- 
tion, as settled during; the reign of King Wil- 
liam the Third, it will be found that there are 
securities provided in it against Kingly or ra- 
ther aristocratic encroachments. On that oc- 
casion the system of Government in England 
was remo leled, and the " Annual Assembly* 
" of Parliament was rendered necessary in the 
" first place by the strict appropriation of the 
M revenue according to votes of supply. It was 
" secured next by passing the Mutiny bill, un- 
'• der which the Army is held together, and sub- 
" jected to Military discipline for a short term, 
" seldom or never exceding 12 months. These 
" are the two effectual securities against milita- 
" ry power; that no money can be issued to the 
" troops without a previous authorization by the 
" Commons in a committee of supply, and by 
" both Houses in an act ol appropriation; and 
'* that no officer or soldier can be punished for 
4< disobedience, nor any court martial held., 
* without the annual re-enactment of the Mutiny 
'* bill; thus it is strictly true that if the King were 
M not to summon Parliament every year his 
•• army would cease to have a legal existence, 
" .nd the refusal of either house to concur in 
M the Mutiny bill would at once wrest the 
" sword out of his grasp. By the bill of rights, it 
' is declared unlawful to keep any forees m 

tfre' il*!iaj:»,"s Cwjstr.utional flifctetj «-f Eiiglajid* vakuac 3r4 



XXXIV fttl^R'f 

* time of peace without consent of Parliament. 
" This consent, by an invariable and wholesome 
,% usage, is given only from year to year ; and 
" its necessity may be considered perhaps the 
41 most powerful of those causes which have 

* transferred so much even of the Executive 
u power into the management of the two Hooves 
M of Parliament." 

No such system of checks and balances to 
protect from Executive usurpation of popular 
rights can be found in Upper Canada, 

The class of persons who are in favor of elec- 
tive institutions contend, that they were found 
to work well in the old North American colo- 
nies while in a colonial state that the people of 
Upper Canada are entitled to the enjoyment of 
institutions equally free with those enjoyed by 
the old colonists during the time they were colo- 
nial, and under British protection — that few po- 
liticians are now found contending that these 
continental colonies, capable of containing a 
large population, will for a long series of years 
be required to submit to the inconveniencies re- 
sulting from perpetual interference by the Home 
Government in their internal concerns. That 
in the House of Assembly many useful bills are 
proposed and carried for many successive ses- 
sions which are continually thrown out in the Le- 
gislative Council ; of which the return moved 
for in the House of Commons by Mr, Hume 
and appended hereto gives particulars up to the 
year 1832 — that it is the wisdom of the aristo- 
cracy to try to make the people fearful of them- 
selves, by raising idle cries about loyalty, repub- 
licanism, jacobinism, and revolution — that birth, 
office, or peculiar privileges ought not to give to 
a few superiority over the many — that the legis- 
lative eouncil neglect and despise the wishes 



ON GIWEVAXCTCS. XXX? 

of the country on many important matters which 
a council elected by the freeholders would not 
— that thepeople, if united in claiming their pri- 
vileges to constitute the second branch of the 
legislature, would obtain it, and that it is weak- 
ness and wavering among their representatives 
which alone can make them timid, as to claiming 
the enlargement of their liberties — that the pre- 
judices of early education, borrowed from books 
written by or under tke authority of pensioners 
and salaried lawyers who have with one voice 
endeavoured to lull the people into the very er- 
roneous belief that the union of church and state 
and the wisdom of former ages in devising great 
privileges for the peerage are the causes of the 
greatness of England, while in truth it is owing 
to what she has saved of popular institutions — 
that elective institutions are the only safeguards 
to prevent the Canadas from forming disadvan- 
tageous comparisons between the condition of 
the colonists and the adjoining country — and that 
the crown of England, by its ministers, exercised 
no patronage in Connecticut and Rhode Island ; 
none in the other New England States, save the 
appointment of a Governor ; none in the proprie- 
tary governments; and that hence there is no 
disloyalty in freely and calmly discussing which 
of these modes of government that have been 
granted to British subjects and countries will 
best suit Canada. 

When Sir John Colborne assumed the gov- 
ernment of this province, in his reply to the ad- 
dress of the legislative council in answer to his 
speech at the opening of the session, he express- 
ed to them his opinion of the deficiency of in- 
dependence in that loyal body. His Excellen- 
cy's communications with the Colonial Depart- 
ment convey the same sentiment. 






XXXVI 



OKT 



Th9 following is an extract of a despatch 
from His Excellency £ic JoUn Colborne to Se- 
cretary Sir George Murray, ciatecl York, Upper 
Canada, 1 6th February, A8&9. 

" With rcspoct to the constitution of the executive and 
M legislative councils, on which subject von require inf«>rma- 
'* (ion, it is evident, that whatever persons may be appointed 

" members of the executive council, tlierc will he a consider* 
l * able degree of jealousy existing in this limited community 
" of their influence and authority ; they must necessarily re- 
4; side at York, and will seldom he ahlc to accept the charge 
*• without holding odier offices under die crown. On many 
t; accounts it is very desirable that the Chief Justice should 
'■ retain his seat in tho executive council ; but there can he no 
' doubt that occasionally' he must, as a judge, be led too deeply 
t: into the political affairs of the Colony. 

tf Composed as the legislative council is at present, the pro- 
t{ vince has a right to complain of the great influence of the 
c ' executive government in it. The legislative council con- 
'"' sists of seventeen members, exclusive of the Bishop of 
4: Quebec; of those, from accidental causes, not more than 
" fifteen ever attend to their legislative duties. Thus, out of the 
" number generally present, six are of the executive council, 
*' and four hold offices under the government ; I have there* 
" fore intimated my intention of recommending to His'Ma- 
'' jesty's government to increase the legislative council. 

u It is exceedingly difficult to find persons qualified for it ; 
" but if about eight or ten more can be selected from differ- 
" ent parts of the prrovince, and the majority he considered 
" independent, there can be no good reason assigned for ex- 
" cluding'the exofcutive council." 

In the return to the house of commons from 
which the above extract was taken, it is notecf 
that " Since the date of the despatch, the 
'• Right Reverend Dv. Macdonell, Roman ca* 
'* tholic bishop, aud John Elmsley, Esquire, two 
" additional member.-, have been added to the 
" legislative council." Of these the first named 
has a pension or allowance during the pleasure 
of the colonial department, and the hist left the 
executive council, declaring that an independent 
minded man could not be there. 



ox n»i£VAJSxrs. xx.yvii 

T'.ie dependence of the legislative council is 
strikingly manifested by the "facts stated in the 
evidence of the Honorable Colonel Clark, and 
the Honorable Wilham Dickson, members of 
that body, before a select committee of the house 
of assembly during a late parliament.* It ap- 
pears that several legislative councillors had ob- 
jected to a measure strongly urged by the exe- 
cutive, and its failure was inevitable. To en- 
sure its passing, coercive means were adopted, 
and those members who were dependent on 
the government were told either to vote directly 
contrary to the opinions they had thus publicly 
expressed, or be dismissed from their offices. 
AJter this disgraceful attempt to coerce men to 
disingenuous and inconsistent conduct, those un- 
acquainted with the threats which had been used 
were astonished at the sudden, unexpected, and 
unexplained change in the couduct of several 
members ; and when this surprise was expressed 
to the late Honorable James Baby, (who was 
also an executive couucilfor, and the senior 
member) he shed tears at his humiliation, and 
only exclaimed " my children !" " my children !" 
and the late Honorable Chief Justice Powell re- 
plied to a similar enquiryof surprise, " I have re- 
ceived a new liffht within the last ten minutes." 



It al ,o appears that the last named gentleman 
was on another occasion obliged to have a pro- 
test he had entered on the journals erased, and 
the erasure can be seen. The protest of Chief 
Justice Powel! was against a school bill/passed 
the House of Assembly, then uninformed of its 
hearing, under the ambiguous phraseology of 
which it was intended to give Dr. Strachan £300 

* Sec Appendix to Journals House of Assembly, of. Session of 
l8i$3i on A.^sessmbnt Laws. 



XXXYllI REPORT 

vl year. The bill passed, and Dr. Strachanfor 
many years received this sinecure salary, lill it 
was done away with on the address of the 
House of Assemblj r . 

We have already adverted to the circum- 
stance of the Chief Justice being introduced 
into the Legislative Council, of which he is 
Speaker; and altho' the House of Assembly 
have repeatedly pointed out to His Majesty's 
Government, the inexpediency, in a limited com- 
munity like this, of blending the judicial and 
political duties together, yet the same injurious 
system is continued. Its impropriety has been 
lately manifested by the result of a pecuniary 
negociation likely seriously to impair the inde-. 
pendence of the judiciary and increase the dis- 
trust of the people. 

The House of Assembly voted £200 a year 
to the Speaker of the Legislative Council, being 
the same as is allowed the Speaker of the As- 
sembly, whose duties, as we have already sta- 
ted, are far more arduous and laborious — but 
since the acts making the judges independent 
and providing for them, even undue salaries, a 
negociation has been carried on which has ended 
in giving a further £200 a year out of the Cas- 
ual and Territorial Revenue to the Chief Jus- 
tice of the King's Bench. 

As long as these pecuniary inducements and 
bonuses can be held out to those occupying the 
judiciary we cannot consider it practically in a 
better or safer condition than it used to be : and 
Your Committee would suggest the propriety of 
addressing His Majesty's Government on the 
subject of thus exercising undue influence on 
the judiciary or even countenancing negocia- 



on tttiiEVAscEn. xm IX 

tions derogatory from its presumed independence 
and purity, which ought to be above suspicion. 
This additional salary ought to be disallowed. 

It appears therefore that the Legislative 
\ Council, as at present constituted, has utterly 
failed, and never can be made to answer the 
ends for which it was created ; and the restora- 
tion of legislative harmony and good govern- 
ment requires its re-construction on the elective 
principle. 

The opinions of Mr. Fox, Mr. Stanley, Earl 
Grey, Lord Erskine, Mr. Ellice, Mr. Hump, Sir 
James Mackintosh, Mr. O'Connell, Mr. War- 
burton, and many other eminent British States- 
men, have been expressed in favour of elective 
institutions as the most suitable for the Canadas; 
and it appears to Your Committee that Mr. Stan- 
ley correctly describes the Legislative Council 
as being <; at the root of all the evils complained 
of in both Provinces." 

The affairs of this country have been ever 
against the spirit of the constitutional act, sub- 
jected in the most injurious manner to the inter- 
ferences and interdictions of a succession of 
Colonial ministers in England who have never 
visited the country, and can never possibly be- 
come acquainted with the state of parties, or the 
conduct of public functionaries, except through 
official channels in the province which are illy 
calculated to convey the information necessary 
to disclose official delinquencies and correct 

Eublic abuses. A painful experience has proved 
ow impracticable it is for such a succession of 
strangers beneficially to direct and control the 
affairs of the people 4000 miles off; and being 
an impracticable system, felt to be intolerable 



XL REPORT 

by those for whose good it was professedly in- 
tended, it ought to be abolished, and the do- 
mestic institutions of the province so improved 
and administered by the local authorities us 
to render the people happy and contented. 

Such appears to have been the constitutional 
liberty conferred upon us by the 3Jst Geo. 3rd ch. 
31, by which the British legislature enables us to 
preserve * the peace, welfare, and good govern- 
ment of the province," reserving to His Majesty, 
as the head of the empire, the power of disal- 
lowing any colonial act incompatible with na- 
tional treaties, with the rights of any other colo- 
nies, or with the commercial or general interests 
©f trie empire. Such a system of government, se- 
curing to the people inestimable blessings, 
would rather durably enlarge than impair the 
commercial relations with the parent state, in 
exchange for which we receive protection; and 
could in no wise prejudicially affect any bene- 
fit* now yielded to her, except the loss, if loss it 
can be called, of that patronage the partial and 
impolitic distribution of which has ever proved 
unsatisfactory and injurious to the colony. 

Tt apears to your Committee that it is more 
important than legislation, rendered (nil- less fts 
it is by the Legislative Council, to adopt sneh 
measures as are likely to ensure such an altera- 
tion in the system of our public Rfthirs as seems 
indispensible for the peace, welfare, and good 
government of this important part df His Vlnjt*- 
ly's dominions. The history of all coio:r.,\s 
s.hew that there has been too rhueh inattention in 
I he British government in tin? selection of Gov- 
ernors, it being considered a matter 'merely <\f 
patronage with the colonial mini- ter, in Downing 
fctreet. Men. from the Loo Ian :;g*s session of 



-_ «. 



ON GRIEVANCES. MI 

lucrative power, whatever at first might be their 
relative stations soon acquire a community of in- 
terests, and thus identified in the purpose of sus- 
taining each other in office, they have in this pro- 
vince made common cause against that, redress of 
our grievances, and that conciliation of the public 
mind, and that economy of the public wealth, 
which are equally dictated by justice and wisdom. 

Although the members of the Executive 
Conned seem from their own account to 
rendej no benefit to the country, receiving howe- 
ver a salary from it, yet a very different duty is 
imposed upon them by the 31st Geo. 3rd, chap. 
31, called the constitutional act, from which it 
appears they are appointed expressly to advise 
His Excellency upon the affairs of the Province. 
This they have never done satisfactorily. As 
far back as the first Session of the 10th Provin- 
cial Parliament, the House of Assembly expres- 
sed their dissatisfaction to His Excellency Sir 
John Colborne in the most constitutional mode 
of doing so, at the opening of the Session of the 
Legislature ; and in the following year the 3ame 
sentiments were again frankly conveyed to His 
Excellency in the answer to His Speech from 
the Throne, by a solemn declaration that the 
Executive had long and deservedly lost the con- 
fidence of the country. In the hope of their 
just and constitutional wishes being attended to, 
the people patiently waited for relief, but the 
relaxation of their vigilance which some re- 
maining confidence in His Excellency unhappily 
produced has only served to bring disappoint- 
ment, and to afford a farther opportunity for the 
accumulation of the abuses which pervade all 
our. institutions. 

The growing condition of this part of the Em- 
Assem. Xo. 21. r 



XLTI REPORT 

pire, in population, wealth and commerce, requires 
there should be an entire confidence between 
the Executive and the Commons House of As- 
sembly : and this confidence cannot exist while 
those who have long and deservedly lost the es- 
teem of the country are continued in the public 
offices and councils. Under such a state of 
things, distrust is unavoidable, however much it 
is to be deplored as incompatible with the satis- 
factory discharge of the public business. 

When, in the year 1831, Plis Majesty was gra- 
ciously pleased to suggest a further provision for 
the civil list, which the Colonial Minister required 
to be made either for seven years or for the life 
of His Majesty, the terms of the proposition 
were not candidly submitted to the Assembly, 
and notwithstanding the strenuous exertions of 
those who desired to make no provision at vari- 
ance with the spirit of our constitution, the ex- 
ecutive influence in the Assembly succeeded in 
carrying a measure for a permanent and extrava- 
gant supply, popularly called " the everlasting 
Salary Bill," while the liberal and gracious terms 
proposed by His Majesty on the subject were 
concealed and known only to those who feeling 
themselves to be above responsibility consuma- 
ted a measure which has spread universal dissa- 
tisfaction and distrust. If this undue and im- 
politic concealment was practised from any pre- 
tended apprehension that a just provision would 
not be made for His Majesty's Government by 
His Faithful Commons, there is nothing in the 
history of the country to justify it. and as it en- 
croached upon the constitutional privileges of 
the Legislature, there is no language of censure 
too strong against it. 

It is not this act alone of which we complain, 
though it may serve-to illustrate our condition, 



OA GRIEVANCES. XLlif 

but the whole system has so long continued vir- 
tually in the same hands, that it is little better 
than a family compact. Abuses have grown up 
so as to be interwoven with every thing; and 
these abuses are concealed, or palliated, excused 
and sustained by those who are interested to 
uphold them as the means of retaining office 
for their private, and not for the public, good. 

Hence it happens that the most gracious in- 
tentions emanating from His Majesty's govern- 
ment at home are frustrated by an interested 
opposition in the colony; an opposition which, 
seldom reaches the knowledge of His Majesty, 
or His Majesty's Ministers in England, although 
felt most injuriously by the people. It did in- 
deed lately come to His Majesty's knowledge 
from the unprecedented conduct of the whole 
executive and official departments towards His 
Majesty, when they received, during the late Par- 
liament, the plainest and kindest manifestations 
of His Majesty's justice and liberality, conveyed 
in the most gracious manner through the Des- 
patch of Lord Viscount Goclerich, now Earl of 
Ripon ; which illustrious stateman His Majesty 
had wisely placed at the head of Colonial affairs. 
This highly important document, connected with 
Mr. Mackenzie's negotiations in England, con- 
taining His Majesty's pleasure upon many im- 
portant subjects, and making many valuable con- 
cessions to the wants and wishes of the people, 
was publicly treated in our Provincial Parliament, 
by men in office, with an indignity as ungrateful as 
it was unbecoming, and they even attempted by 
their votes, happily outnumbered, to suppress the 
despatch by returning it to His Excellency who 
was directed by the Earl of Ripon to make it 
public. On the 24th day of January, 1833, in the 
House of Assembly, it w r as moved in amendment 



XI.1Y 



IsEPOllT 



to a motion for printing the despatch and docu- 
ments, (in accordance with the wishes and in- 
structions of the nobie Earl.) that it be 

" Resolved, that it is expedient to address His Excellency the 
44 Lieutenant Governor, thanking him for His Message of Sa- 
44 turclay last, and assuring him that this House is duly sensible 
44 of His Excellency's anxiety to communicate whatever in- 
formation he may consider important to the welfare of the 
44 Province, and informing fiis Excellency, that this House, 
44 for the reasons set forth in the foregoing resolutions, is un- 
44 willing to place on its Journals the documents sent down by 
44 His Excellency ; and requesting him to allow this House TO 
44 RETURN THE DESPATCH OF LORD GODE- 
44 RICH, and the accompanying documents to His Excellency." 

The House divided on this amendment, and the Yeas and 
Nays were taken as follows : 

YEAS. 



Att'v Gen. 


(Boulton)A. Fraser, 


Shade, 


Berczy, 


D. Macdonald, 


Solicitor General, 


Brown, 


Mc Martin, 


(Hneerman,) 


Bur we 11, 


JMcNeilledge, 


Thomson, 


Crooks, 


Morris, 


John Willson, 


Elliott, 


Robinson, 

NAYS. 


William Wilson-— 17, 


Bidwell, 


Howard, 


Perry, 


Buell, 


Jarvis, 


Randal, 


Campbell, 


Ketchum, 


Roblin, 


Chisliolm, 


Lewis, 


Samson, 


Clark, 


Lyon, 


Shaver, 


Cook, 


A. Macdonald, 


Vankoughnetj 


Duncombe, 


, Norton, 


White— 22. 


Hornor, 







From this it appears, that the two Crown 
officers, and other public officers, were in a mi- 
nority of five in an attempt to send The Des- 
patch of Lord Goderich back to his Excellency. 
The same conduct was pursued by them upon 
all the divisions upon that question, as will be 
Been by a reference to the Journals of that date. 

The Crown Lawyers and other officers had 



OX GBtffVANCBS. XL? 

directed their objections both against the des- 
patch and the documents which accompanied it ; 
nor was Lord Goderich personally spared. All 
the members of the present Executive Council 
joined in an unanimous vote in a similar expres- 
sion of censure against this communication of 
His Majesty's pleasure. Nevertheless they still 
continue in the service of His Majesty over his 
Canadian people, who have on various occasions 
utterly renounced and disclaimed these indeco- 
rous and impolitic proceedings. Thus was ex- 
hibited in the Provincial Legislature the political 
phenomenon of men repelling in an insulting 
manner the gracious concessions of their Sove- 
reign and presumptuously interposing between 
him and his people as an insurmountable barrier 
to his royal benefactions. 

On another occasion, the same disregard of 
the views of His Majesty's Government was 
openly practised by the repeated expulsions of 
one of the members for the County of York ; and 
altho' the latter expulsions were effected against 
the case of Mr. Wilkes in the British House of 
Commons, against the well established law of 
the land, and against the well known judgment 
of His Majesty's Government, officially commu- 
nicated by a Despatch to His Excellency, and 
by His Excellency communicated to Mr. Solicitor 
General Hagerman ; yet in this open and uncon- 
stitutional invasion were found the Law Officers 
and various persons favoured with His Majesty's 
confidence, by holding offices of honor and trust 
during pleasure. And on a late occasion when 
the present Parliament voted the above proceed- 
ings, by a vote of 28 to 7, to be expunged from 
the Journals as subversive of the liberties of the 
whole body of the electors of the Province, Mr. 
Hagerman was found, with others, in the minori- 



XLVI report 

ty against their obliteration, altho' the only re- 
tribution that could be made to the injured con- 
stituency of the country. We, by all means, con- 
cede the undoubted right of the members of both 
branches of the Legislature to vote independ- 
ently as they please, but we deny the expediency 
of allowing the justice ami executive duties of 
His Majesty to flow through such unworthy chan- 
nels, and thereby weaken the confidence of the 
people in the sincerity of His Majesty's Govern- 
ment. 

His Majesty's Government, after much consid- 
eration, procured the passing of a law in Lower 
Canada, for the purpose of raising a fund for 
the relief of destitute emigrants ; after which, 
all the Executive functionaries in this Province 
were active in getting up addresses at public 
meetings against the measure as impolitic and 
unconstitutional. And while His Majesty was 
anxious to preserve harmony between Upper and 
Lower Canada, the same public characters agi- 
tated questions and measures, (such as the an- 
nexation of Montreal to Upper Canada,) which 
threatened the dismemberment of the sister 
Province against her consent, and to engender 
between the two Colonies ruinous animosities. 

This is a state of things which, the British 
nation, it is presumed, cannot desire to perpet- 
uate against us. After the right was conceded 
to the present United States, at the close of the 
Revolution, to form a constitution for themselves, 
the loyalists took refuge in this Province ; and, 
by an act passed in 31st year of Geo. 3. they 
received the charter of their liberties, conferring 
upon them a constitution for their peace, welfare, 
and good government. His Excellency? Go- 
vernor Simcoe, was entrusted with the duty of 
putting it into operation; and in the first speech 



OX GRIEVANCE XLVH 

delivered by him from tho throne, lie made tho 
following memorable declaration': — "I have 
" summoned you together under the authority of 
" an Act of the Parliament of Great Britain, 
" passed last year, which has established tho 
" British Constitution, and all the forms which 
" secure and maintain it, in this distant colony." 
And upon closing the same session he said 
" I particularly recommend to you to explain 
" that this Province is singularly blest, not with 
" a mutilated constitution ; bj* with a constitu- 
" tion which has stood the test of experience, 
l - and is tho very image and transcript of that of 
" Great Britain." 

It is reasonable for the people to desire to see 
these'declaration? from the throne, recorded on 
our Journals, faithfully observed by those in the 
confidence of His Majesty, and that these insti- 
tions may bo made such as will secure to them 
their civil and religious liberties to their just ex- 
tent. This country is now principally inhabited 
by loyalists and their descendants, and by an 
accession of population from the mother coun- 
try, where is now enjoyed the principles of a 
free and responsible government ; and we feel 
the practical enjoyment of the same system in 
this part of the empire to be equally our right; 
without which it is in vain to assume that we do 
or can possess in reality or in effect " the very 
image and transcript of the British Consti- 
tution." 

The House of Assembly has, at all times, 
made satisfactory provision for the civil govern- 
ment, out of the revenues raised from the people 
by taxation, and while there is cherished an un- 
impaired and continued disposition to do so, it is a 
jonahle request that His Majesty's adviser in 
the province and those about him should pes- 



xtrtu RErORT 

Bess and be entitled to the confidence of the peo- 
ple and their representatives, and that all their 
reasonable wishes respecting their domestic in- 
stitutions and affairs should be attended to and 
complied with. 

Your Commttce would respectfully recommend 
that, besides the usual number for the Journals, 
a large edition of this report, with the evidence and 
other appended documents, should be printed in 
a portable form, as early as possible, and distri- 
buted among the members of the House, for 
general circulation throughout the colony. — 
And, as the affairs of the Canadas will pro- 
bably occupy a large share of the attention of 
the Imperial Parliament during its present ses- 
sion, it might perhaps be advisable to transmit to 
London a certain number of covies for distribu- 
tion amon^ those members of the Legislature 
who take an active interest in Canadian affairs. 

W. L. MACKENZIE, 

Chlvihmax. 

T. D. MORRISON, 

DAVID GIBSON, 

CHARLES WATERS. 

Committee Room, House of Assembly, 
10th April 1835. 



ORDERS 

Of the House relative to the foregoing Report and 
other Documents to be printed in this form. 

•« Ordered — That, besides the usual copies for the Journal, two 
thousand copies of the Report on Grievances this day presented 
to the House, together with the Evidence, and the Report and 
Evidence in the case of William Forsyth, with the address and 
answer, be printed in pamphlet form for the use of Members 
and that the Clerk be directed to address them to the Members, 
with the Bills on Trade, &c. formerly ordered to be printed dur- 
ing the recess." 

Truly extracted from the Journals of the Assembly of Upper 
Canada, of the 10th April, 1835. 

JAMES FITZGIBBON, 

Clerk of Assembly, 

Mr. Mackenzie, seconded by Mr. Yager, moves that the 
Clerk be directed to prepare at the close of the present Session, 
lists of the titles of all Bills, which having originated in this 
House during the last or present Sessions of the Legislature, 
were rejected or declined to be acted upon by the Legislative 
Council ; or which, having been so sent up were altered by the 
Legislative Council so as to cause their subsequent rejection in 
this House; or which having originated in, and been passed ty 
the Legislative Council, were afterwards rejected by this House; 
stating also the titles of any Bills which being passed in the Le- 
gislative Council and Assembly, are refused the Royal assent or 
reserved for the consideration of His Majesty ; and that such lists 
of titles be" annexed to and printed with the last Report of the 
Committee on Grievances, as ordered by the House to be print- 
ed in pamphlet form, as also the Leeds Ballot Bill, with the votes 
at its passage ; the Bill to amend King's College Charter, with 
the votes; and the General Education Bill from the Select Com- 
mittee on Education, with the votes. 

Mr. Roeinson, seconded by Mr. Morris, moves in amend- 
ment, that all after the word "moves" in the original motion, 
be expunged, and the following be inserted : 

M That the order for printing two thousand copies of the last 
Asssm. No 21. & 



ORDER?. 



Report on Grievances be rescinded, and thai tht taid Repert 
be not entered on the Journals of this House." 

On the question of amendment ; 



Caldwell, 

Cornwall, 

McCrae, 

McDonell of Glen- 
garry, 

McDonell of North- 
umberland, 

Alway, 

Bnice, 

Chisholm, 

Cook, 

D'incombe, Chas. 

Durand, 

Gibson, 

Gilchrist, 

Hopkins, 



YEAS 

McLean, 

Macnab, 

Malloch, 

Merritt, 

Morris. 

Kichardson, 

NAYS 

Mcintosh, 

Mackenzie, 

McMicking, 

Moore, 

Morrison. 

Perry, 

Roblin, 

Rymal, 

Shaver, 



Robinson, 
Rykert. 

Solicitor General, 
Tavler, 
Walsh, 
Wilkinson — 17. 



Shibley, 

Thorburn, 
Waters, 
Wells, 
W T ilson, 
Woolverton, 
Yager— 25. 
17 



8 



Question lost, majority eight. 



In amendment to the original question, Mr. Morris, seconded 
by Mr. Roblin, moves that the following be added to the original 
motion, " and that the private letters from Bishop McDonell to 
the Rev. W. J. O'Grady, appended to the report of the Grievance 
Committee, be expunged and not printed by this House, nor en- 
tered on the Journals." 

YEAS. 
Macnab, Roblin, 

Malloch, Rykert, 

Merritt, Solicitor General, 

Morris, Tayler, 

Richardson, Walsh, 

Robinson, Wilkinson — 17. 



Caldwell, 

Cornwall, 

McCrae, 

McDonell of Glen- 
gary, 

MeDonell of North- 
umberland. 



Alway, 

Bruce, 

Chisholm, 

Cook, 

Duncombe, Chas, 

Durand, 

Gibson, 

Gilchrist, 

Hopkms, 



NAYS. 

Mcintosh, 

Mackenzie, 

McMicking, 

Moore, 

Morrison, 

Perry. 

Ryrral, 

Shaver. 

Shiblev, 



Smith, 

Thorburn, 
Waters, 
Wells, 
Wilson, 
Woolverton 
Yacer— 25 
17 



$ucsiion lost — majority, 8. 



GREEKS. 



LI 



On tin original question : 



A I way, 
Bruce, 

Chisholm. 

Cook, 

Duncomiie, Chas. 

Durand, 

Gibson. 

Gilchrist, 

Hopkins, 

McCrae, 



Caldwell, 
Cornwall, 

McDonell of 



Glen- 



gary, 
McDonell of North- 
umberland. 



YEAS. 

Mcintosh, 

Mackenzie, 

McMicking, 

Malloch, 

Moore, 

Morris, 

Morrison, 

Perry, 

Roblin, 

Rymal, 

NAYS. 
Macn 
Men-it*. 
Richardson, 

Robinson, 
Rykert, 



Sharer, 

Shibley, 

Smith, 

Thorburn, 

Waters, 

Wells, 

Wilson, 

Woolverton, 

Yager— 29. 



Solicitor General, 
Tayler, 
Walsh, 
Wilkinson — 13. 



Original question carried by a majority of sixteen. 



Truly extracted from the Journals of the Assembly 
of Upper Canada, of the 14th April, 1835. 



{Signed) 



JAMES F1TZG1BBON, 

Clerk of Assembly. 



APPENDIX 
TO 7th REPORT ON GRIEVANCES. 



MINUTES OF EYIDE1TCE 



TAKEN BEFORE THE 



Select Committee on Grievances, 

Te irhom was referred Lord Goderich's Despatch of the 
8th November, 1832. 



THURSDAY, February 5th, 1S35. 

WILLIAM LYON MACKENZIE, Esquire, 
In the Chair. 

Lieutenant Colonel WILLIAM ROWAN, Secretary 
to the Lieutenant Governor, called in and examined. 

1. Whose business is it to make out this return 1 [The 
return of the names and the offices held by members of the 
Legislative Council and Assembly of Upper Canada shewn to 
witness.] — It was made out under my superintendence. 

2. The first name of a member holding office is that of 
Mr. Boulton, then Attorney General, — Why are his salary 
and allowances set down at £300, when it was well known 
they amounted to four times that sum 1 — I would rather not 
answer that question, without seeing the original returns from 
the different officers. Additional Remark. — I now find that 
no further provision was made by the Legislature for the At- 
torney General until the 13th February, 1833. 

3. If a member of the House of Assembly, holding office, 
makes an incorrect return to the Government, does the Go- 
vernment office correct the error? — Certainly, if known to 



2 Evidence of 

be incorrect. The case of Mr. Boulton was an error and dis- 
covered after the returns were printed. 

4. Can you inform the Committee why these returns were 
so long delayed ? — I cannot tell why, except that it took a 
very considerable time to collect the returns from the differ- 
ent officers. They were transmitted on the 28th March, 
1833. 

5. Have Mr. Boulton and his children never received 
more than one acre of land in Upper and Lower Canada ? — I 
cannot say, except by referring to his own return. 

6. Did not Mr. Burwell hold the office of Deputy Post 
Master at Port Talbot in 1832-3? — I cannot say. I believe 
he did. 

7. Mr. Richard D. Fraser's emoluments as collector of 
customs at Johnstown and Brockville are set down at £152 
6s. 6d. — Do you know on what data that, return is made out] 
— On his own return, I believe. No collector can receive 
more than £100 a year per centage. 

8. Was not the office of Custom House Officer conferred on 
Mr. Van Koughnet, while he yet remained a member of the 
Assembly, and continued to sit and vote therein ? — It was — he 
was appointed in October, 1832. 

9. Lord Goderich refers to the annual returns of the official 
establishment of the Colony, as a proof of the smallness of 
the incomes of the public officers and the impossibility that it 
should interfere with the freedom of elections — can you pro- 
duce these returns to the committee ? — I cannot produce any 
returns without permission of the Executive Government. I 
do not think there is any wish to withhold them. 

10. Are not the late elections in the city of Toronto, and 
the efforts made by Mr. Sheriff Jarvis, a high salaried officer, 
a proof of the justness of the complaint alluded to in Lord 
Goderich's despatch " that public officers are enabled, by 
their superior influence to overpower, by a lavish and cor- 
rupt expenditure, those who have no other recommendation 
than their own personal characters V\ — I am not prepared to 
say. 

11. Does the Governor alone, or the Governor in Council, 
appoint the Collectors of Customs, and Excise Officers of 
the Colony? — The Lieutenant Governor alone appoints these 
officers, generally upon the approval of the Inspector Ge- 
neral. 

12. Did Mr. R. D. Fraser petition or apply for the Office 
of Collector of Customs, or on what grounds was it given 
him ? — I cannot say ; he was appointed long before 1 came 
to the province. 

13. Was not Mr. Eraser a member of the Asscn.lV 



Lieut. Col. Row ax. S 

for a county when lie received the appointment of Collector of 
the Customs \ — I do not know. 

14. Is it no part of the instructions of the Government 
to the collectors of customs that they shall personally attend 
to the performance of their duties 1 — I am not aware of what 
instructions are given ; they receive their instructions from 
the Inspector General. 

15. It is stated that Mr. Ilagerman performs the duty of 
Solicitor General in person, — he was absent a year in Eng- 
land, was his salary and income the same as if he had been 
here, and who performed his duties 1 — Mr. Ilagerman was on 
leave of absence — it is not usual to suspend or discontinue 
the salary of a public officer under such circumstances. Mr. 
Draper performed the duties of the office. 

16. Mr. Sheriff Jarvis returns £100 salary as part of his 
emoluments — is that income still continued ] — No, he has re- 
ceived no salary since the House ceased to provide the funds. 
In the case of Mr. Cameron, the salary is continued by a re- 
cent order of the Secretary of State. 

17. Mr. William Chisholm is put down in this return as 
holding the office of Deputy Post Master ; has he not lately 
been appointed Collector of Customs at a place distant from 
his post office 1 — He has lately been appointed Collector of 
Customs at Oakville. 

18. Is he not a merchant trading at that place, and im- 
porting goods ? — I do not know that he is a merchant. 

19. Is it fit that a merchant should be his own Collector 
of Customs ? — I am not prepared to give an opinion on that 
subject. 

20. When appointed Collector, was not Mr. Chisholm a 
known candidate for the office of member of the Provincial 
Parliament in conjunction with his Post Office ? — I cannot 
say. 

21. In what manner are Justices of the Peace appointed ? 
— By his Excellency alone, and not with the advice of the 
Executive Council. I am not aware whether he takes the ad- 
vice of the Executive Council upon that subject. 

22. Why is it that petitions of the inhabitants for the ap- 
pointment of Justices of the Peace, are often unanswered and 
neglected 1 — I cannot say. 

23. What mode is adopted for the selection of Returning 
Officers for counties and towns ? — I cannot say. 

24. As Civil Secretary to the Lieutenant Governor, do 
you take an oath of office 1 — No. 

25. As such have you a Commission, or in what way are 
you recognized as a public officer, except by the charge trans- 
mitted for salary 1 — I am considered merely as a private con- 



4 Evidence of 

fidential Secretary to the Lieutenant Gtarornof, I hold 00 
commission as such, at the same time all communications pass 
through me. The appointment is notified in the Gazette. 

20. Under what authority are your duties regulated? — By 
the order of the Lieutenant Governor. 

27. When was the office of Civil and Private Secretary 
established ? — I do not know. 

28. Are all the despatches of the Home Government duly 
enregistered in your office when received? — They are not re- 
gistered in any way — they are all kept either in the office or 
in the Lieutenant Governor's possession. 

29. Were there not other Despatches following those of 
the 8th November, 1832, recommending certain changes in 
the Executive Council? — I am not prepared to say, I only 
see such despatches as His Excellency thinks fit. 

30. Is all the correspondence of the Secretary for the Co- 
lonies, with the Lieutenant Governor, submitted to the Exe- 
cutive Council or only such parts of it as he may think 
proper? — Only such parts of it as he may think neeessaiy. 

31. How would you act if required to give evidence before 
the House of Assembly, or to depose in an}' of the inferior 
Courts respecting Despatches which you had seen ? — From 
the confidential situation I hold, I should not feel warranted 
in giving any information relative to Despatches or parts of 
Despatches passing through my hands. 

32. The House of Assembly addressed the Lieutenant 
Governor for full and detailed accounts of the Casual and 
Territorial, Canada Company's Revenue, &c. for the vears 
1826, 1827, 1828, 1829, and 1830, after Sir P. Maitland 
sent an account, and were told by His Excellency that if he 
got permission from the Home Government he would furnish 
the accounts. Permission of the fullest nature has been long 
given, yet the accounts are withheld — why is this ? — I cannot 
possibly say why they have not been sent ; I do not think 
there is any wish to refuse such information, when applied for 
in the usual manner. 

33. The House of Commons twice addressed His Majesty 
for a statement in detail, shewing what payments had been 
made in 1831 and 1832, to Bishops, Rectors, Missionaries, or 
other religious teachers in Upper Canada, whether of the 
Churches of England, Rome, Scotland, or any other denomi- 
nation. Why are these returns still kept back ? — They were 
transmitted to England on the 19th September, 1833. 

34. Have the returns required by the House of Commons 
respecting the clergy of the different denominations of chris- 
tians for 1831 and 1832 been sent to England? — (See answer 
to last question.) 



Liei/t. Col. Rowan. 5 

&5. We sec, in the Canada Company's returns, a pension 
entered! of £400 Sterling as payable to Mr. Chewett of the 
Surveyor General's Oifice — a pension of £400 to Colonel 
Talbot — a pension or allowance of £500 to the Bishop of 
R tgiopolis — a pension to Sir i>. \V\ Smith in England of 
£200 — a pen-ion to the family of General Shaw of £100 — 
a salary to an agent here far the service of paying these pen- 
sions and other sums. These payments are made from the 
public revenue of this colony. By whose authority are they 
so made ? — No pension or allowance is paid by warrant without 
the authority of the Secretary oi iStaic for the Colonies. 

36. Do you not consider the custom of pensioning the Judges 
to a large amount by order of the Colonial Office, out of the 
Upper Canada revenue, & without reference to the Provincial 
Legislature, destructive of the independence of the Bench in 
a great measure ? — ^1 am not prepared to answer that question. 

07. Is not the appointment of Public Officers and Magis- 
trates by an irresponsible Executive Government, destructive- 
in a yreat degree of the power of the people^in the constitu- 
tion ? — I am not prepared to answer that question. 

08. How can a Bench of Judges, dependent on the Colo- 
nial Office for their customary retiring pensions, and indepen- 
dent of the House of Assembly, act impartially between the 
parties in cases where a collision may arise between t! e 
Legislative and Executive Departments in this Colony, or 
hsiween the British Statutes and the Provincial Laws'? — 
I cannot say. 

39. What number of clerks and servants are emplo} 7 ed in 
your office, and under what authority are they so employed, 
and their incomes regulated? — There are three regular clerks 
anl two in sssengers, appointed by the Lieutenant Governor 
an 1 provide I for by th^ Legislature, and one extra clerk, on 
account of the increase of public business in my office. 

40. Who made out the return to the Home Government of 
the Civil Expenditure for the year 18-30? — I cannot say. 

41. Where are rr-blic balances in the different departments 
deposited, and what may be the average amount deposited,. 
paying no interest? — T have no means of answering that 
question — probably the public accountants could give the 
information. 

42. Fs the government in the habit of authorizing the "ale of 
large blocks of land to individuals? — I am o dy aware of one 
instance in which authority was received from the Colonial 

itary, 
41 In what office is the " Blue Book" made up? — For 
the last two years it has been made up in the Office of tk© 
Ass£M. No. 2T. ii 



6 Evidence oY 

Secretary and Registrar of the Province,, who Ts responsible 
for its correctness. 

44, What are your emoluments and salary ? — Salary £208 
Gs. 6d. — Fees for 1834 about £600 currency. 

45. In the return made by His Excellency to England, Mr. 
D. McDonald is returned as Treasurer of the Ottawa District — 
Mr. Burnham a member of the Legislative Council, and Trea- 
surer of the Newcastle District, is reported in His Excellency's 
return as having no office. Why is the fact as to Mr. Burn- 
ham not stated I — The return prepared for the House of Com- 
mons was made out from returns furnished by each member of 
the Legislative Council and House of Assembly — on reference 
to these returns it appears that Mr. McDonald stated that he 
was Treasurer of the Ottawa District. Mr* Burnham did not 
mention that he was Treasurer ot the Newcastle District. 
The appointment does. r*ot scst with the Executive Govern- 
menu 

4(k la the Bine Book fbr 1830',. tlte sitfary of the civil of 
private Secretary is set do»wn at £18:2 10s.. and no other fee* 
and emoluments.. In, the account sent to. the Assembly for the. 
same year,, £#47 Gf fees a.ndl emoliaments ase anidied to, the 
£18£ 10s.. Who* compiled that book, or from what sources of 
information was It compiled — and am tl*e above difference be 
explained %• -The arcouint of fees©£" the private Secretary for 
one year can never be ascertained fsbrsoroe- souths after the 
expiration of the year, when, the returns are c^Hueted from the 
different issuers of marriage tfcencesv tferoughoa* tike Province ; 
thus the- returns, sent to the House- @£ Assettbtyc at) tbe com-, 
mencement of J831, could only een&jin a-n estimate* of the 
amount to be received for 1830.. In consequence of the bidden 
death of the Private Secretary in June 1831,. while the Blue 
Book for 1830 was in preparation under his direction,, the- 
amount of his fees for fihat year could not be ascertained, but 
the amount for 182.9 was inserted in the Beok for that year, 

47. In the Biue Book tor 1830, the income of Thomas 
Kirkpatrick, Collector of Customs at Kingston,. is set down at 
£28£, and no more. In the account signed by Mr.. Kirkpat- 
rick himself, and sent to Lieutenant Governor Colborne to be- 
laid before the Assembly for that year,* his income is set 
down at £506, stir.: — Whence arises this difference? In the 
account transmitted by Mr. Kirkpatrick^ Collector of Kingston, 
to the Government office in 1831, he stated the amount of bis 
per ceotage,. fees and portion of seizures for the year 1830, at 
£.">62 2s. 4d. the sum stated in the journals of the Assembly 
is £5(>^ 0s. 6d. The mistake can only be accounted for by 
an error of the Clerk in copying the figurts.. 

* See Assembles Journals, idol. 



LlF.CT. CoL. RoWAW 7 

48. The Blue Book, 1830, mentions £936 lis. 4d, as sa- 
lary anil fees of the Secretary and Registrar, Mr, Cameron — 
are not £2.">8 12s. of additional fees omittod 1 — The amount 
of the Secretary and Registrar's contingent account for 1830, 
viz. £258 12s. was omitted in the Blue Book for that year, 
probably from its being considered that that sum did not pro- 
perly come under the head of salary or emoluments* (See the 
note to the retura in the Journals -of Assembly,, for 1831%) 

40- Why is it omitted to be stated in the Blue Book for 

1830, that Mr. Vm, Hands, in addition to the offices of Dis- 
trict Judge, High Sheriff, Collector of Customs and Inspector 
of Tavern and Still Licenses, held tfre =©tber offices of Treas- 
urer of the Counties of Kent and Essex., Surrogate Judge, and 
Post Master of Sandwich ? — Mr. Hands has not at any time 
been Judge of the Western District Court, but of the Surro- 
gate Court, which it is presumed was inserted in the Bltne 
Book for 1830. The offices of Treasurer and Post Master 
baing appointments held under the District Magistrates and 
Po-t Master General and not notified to trie Executive Gor 
vernment are not required to be returned by the Secretary 
of State. 

50. Why were the Sheriffs of the Niagara, Western, 
and Bathurst Districts, allowed to charge fees on land sales, 
higher than those authorised by law 1 [We refer to Mr> 
Attorney General Boulton's Report, Assembly's Journals, 

1831, page 144, printed copy.] — It is not m my power to 
answer that question. 

5L Who compiled the return of the Civil Establish? 
ment for 1830, and from what sources was it compiled 1 — 
The Blue Book for 18-30 was compiled by the Clerks in 
the Office under the direction of the late Secretary, from 
returns furnished by the different officers. 

52. In the Blue Book, for 1830, Mr. Dunn, the Receiv- 
er General, is reported to the Home Government as being in 
the receipt of £200 and no more. His own return sent to the 
Assembly through your office for the same year, is upwards of 
£1000 ; why this difference? — It appears that in the year 
1829, the amount deducted by the Receiver Genera] fp$ 
his per centage, was inserted in the Blue Book for that year, 
but in the book for 1830 the column under the head of fees was 
left blank. This accidental omission may have arisen, either 
from a second return not having been sent in by the Receiv? 
er General in 1831, or from a supposition that the Bill intro- 
duced into the House of Assembly in January, 1831, for 
commuting the per centage and increasing the salary of the 
Receiver General might make an alteration necessary in the 
form of the return of his income. It may be observed, with 



?} Evidence of 

respect to this omission, that in the returns of 1F29 and 1^51, 
the income of the Receiver General is suited, and that about 
the period whoa this Blue Book for 1S30 was transmitter) a 
manorial was forwards to the Lords of (he Treasury hy the 
Lieutenant Governor from Mr. Dunn, in which all the cir- 
euoistauc.es relative, to the amount oi' his income and the loss 
of the per centage were stated. 

[The witness withdrew.] 



ELI \S MOORF, ESQ., M. P. P. for the County or 
IniDDLESLX, called in and examined. 

■V3. Doe; not the inequality of the system of taxation of 
rateable property, cultivated and uncultivated, afford just 
grounds of complaint ori the part of the people ? — I think it 
affords just grounds for complaint. 

51. Are the unsold lands of the Canada Company subject 
to taxation or road due-si — I cannot say. 

55. Have not the resident settlers, by the improvements 
they have made, and the House of Assembly, by its liberal 
grants for roads and bri Iges and in aid of inland navigation', 
given to the public lands their greatly increased value as 
compared with 1792 1 — Yes. 

55. Quglit not the revenue arisins from these lands to have 
baon applied to the liquidation of the war loss claims, instead 
of increasino' the public debt and duties on imports for that 
purpose ? — Yes, that has always been my opinion, 

57. Is it just to the Baptists, Quakers, Menonists, Tunk^ 
arris, Independents, Seceders, and other classes of Christians, 
whose spiritual teachers receive no share of the public revenue 
for their religious services, that the clergy of the Kirk of 
Scotland, the Catholic Bishop and Clergy, and the Me- 
thodist ministers should, Without the sanction of the Legisla- 
ture, have a bounty paid for the performance of their religious 
duties? — No, I think not. 

58. Would not the British Constitutional svstcm, by which 
the head of the Government is obliged to choose his council- 
lors and principal officers from among men po^essing the co-n- 
fidence of the popular branch of the Legislature, be more 
suitable to the wants and wishes of the country, if adopted in 
Upper Canada, than the present irresponsible mode of govern- 
ment ? — I think so. 

51). Why have you formed this opinion? — Because under 
the present system the people have no means of checking 
misgovern ment. 

00. Was not the refusal of the Legislative Council of this 



Elias mootu-, m<$. M. r. P. 9 

Province to assent to the Assembly's bills, in several parlia- 
ments, foi appointing commissioners to meet those appointed 
hy Lower Canada to consider of matters of mutual importance 
h provinces, a proof of t|ie necessity of a change cither 
in the composition or constitution of tiie Upper House? — It 
appears to me that it was. 

61. The undue preferences and exclusive privileges granted 
to certain religious denominations are much complained of — 
Would it not tend to strengthen good government if they were 
altogether abolished? — I feel confident it would. 

62. Would not it be desirable that the Clergy and Crown 
Reserves, and all reservations of land otherwise than for edu- 
cation, were disposed off or public purposes, under the control 
of the Legislature] — Yes, in my opinion. 

63. Would it not be better that the sale and disposal of the 
public lands and other public property were in all cases regu- 
lated by law? — Yes, 1 believe it is the general wish of the 
County of Middlesex* 

64. Ought not the whole public revenue to be paid in the 
gross into the exchequer or treasury of the Colony, and the 
proceeds applied only according to law? — That would be my 
wish. 

€5. Another subject of complaint by the people, is the con- 
tinual stoppage of the bill for the more equal division of intes- 
tate estates — is the passage of that measure desired in your 
County 1 — Yes, it is. 

66. Many complaints are made that the Judges and Clergy- 
men of the Churches of England and Rome hold seats in the 
Legislative and Executive Councils — are not such seats in- 
compatible with their spiritual and judicial functions ? — I think 
so. 

67. In what manner are justices of the peace appointed in 
your district? — Tliey are appointed in a manner \ery unsatis- 
factory to the people ; many of them are men in whom we can 
place no confidence. 

68. Do you consider the Canada Company a benefit or an 
injury to the Province ? — Are not the grants or sales of lands 
to this Company of speculators residing in Europe an impro- 
per transfer of the functions of the Government? — I have al- 
ways thought the Canada Company one of the greatest curses 
ever entailed upon the Province. 

69. A very large sum of money collected by direct taxa- 
tion is annually entrusted to the Magistrates, they being irres- 
ponsible to the people, either directly or indirectly, would it 
not be more in accordance with the genius and spirit of the 
constitution if these monies were placed under the control 
oi" persons appointed by the qualified electors ? — It certainly 
would. 



10 



EviDEXcF, OF 



70. What are your objections to an elective Legislative 
Council? — I am in favour of an elective Legislative Council, 
and I believe a majority of my constituents think as I do on 
that subject. 

71. Did not Mr. Bnrwell hold the office of Deputy Post 
Master at Port Talbot in 1832-3 ? — I believe he has held the 
office ever since 182G. 

72. Do you not consider the custom of pensioning the 
Judges to a large annual amount by orders from the Colonial 
Office out of the tipper Canada Revenue, and without refer- 
ence to the Provincial Legislature, destructive of the inde- 
pendence of the Bench in a great measure? — 1 do. 

73. Is not the appointment of public officers and mntris- 
tratcs by an irresponsible Executive (government destructive 
in a great degree of the power of the people in the constitu* 
tion?— I think it is. 

74. How can a Bench of Judges dependent on the Colonial 
office for th< ir customary retiring pensions, and independent 
of the House of Assembly, act impartially between the parties 
in cases where a collision may arise between the Legislative 
and Executive Departments in this Colony, or between the 
British Statutes and the Provincial Laws 1 — It appears to me, 
that they could not act independently under such circum- 
stances. 

75. Ought not those persons who advise His Majesty in 
his appointment of fit persons to fill the Judicial Bench to be 
responsible to the country 1 — I think they should. 

76. Are you of opinion that the Chief Justice or any of 
the Judges ought to sit in the Legislative Council ? — May not 
the Ju4«e be called on in his L'gislative capacity to pass opin- 
ions and enact measures of severity against the individual 
whom afterwards he may be called upon to try, as a judge, 
in the Courts 1 — I think none of the Judges ought to have a 
s eat in the Legislative Council. 

77. Would not an active agent representing the wishes of the 
peop'e of Upper Canada in London, be likely to be. of irreat 
importance to the Commercial and Agricultural interests of 
the Colony ! — I think he would, if we could net one. 

78- Is there a hope that the Legislative Council and As- 
sembly, as now constituted, would unite in the choice of such 
a person ? — Xo — I do not think they would, as now con- 
stituted. 

79. Ar*» you of opinion that the misapplication of the public 
Revenue is one grand cause why hundreds of thousands of 
acres of wild In mis had to be sold, of late years, by Sheriff's 
sale, for arrears of taxes I — It is my opinion that it is. 



Jas. Wtttex, Esq. W. P. P. 11 

80. Does not a vast annual additional expense fall on the 
Province owing to the continual rejection of Bills of a general 
character sent up by the House of Assembly rejected in the 
Legislative Council, and again introduced, debated and sent 
up by the House of Assembly ? — It does. 

81. Do you think that if the magistrates of each district had 
been responsible to the people, instead of the executive, that 
the monies collected from the sale of absentees' lands, would 
have been more advantageously expended ? — I certainly think 
they would. 

82. Do you think the local knowledge possessed by the 
Lieutenant Governors of this colony generally, sufficient to 
enable them to nominate independent men otherwise well 
qualified to the office of legislative councillors'? — I think not. 

83. The vote by ballot in elections is prayed for in many 
petitions both to the Assembly and to Ills Majesty. What is 
your opinion of this mode of voting? — I think it would be 
more congenial to the minds of my constituents. 

84. Has any inconvenience resulted in your district from 
the selction of voting places at elections, and what places 
would you recommend for your county? — There is great 
inconvenience felt in the present mode of holding elections — I 
would recommend St. Thomas' and London as the best polling 
places — I think it would require four days polling at each, the 
county is so very large. 

8-5. Do you think the Lieutenant Governors, of themselves, 
possess a sufficient knowledge of the inhabitants of the several 
districts to enable them to select judicious persons as Justices 
lif die Peace'? — I think not, judging from past experience. 
(The Witness withdrew,) 



JAMES WILSON, Esq. M. P. P. (for Prince Ed- 
ward,) called in and examined. 

86. Uhs any inconvenience resulted in your District frora- 
the selection of voting places at elections, and what placos 
would you recommend for your County ? — 1 trunk H would. 
accommodate the people of the District ot Prince Edward if 
the Elections in future were to be held at Hallow ell and De- 
■lorestville, three days at each place. 

l>7. Have the monies arising from the sale of wild lauds 
for assessed taxes, or from payments on such assessments on 
these lands, been prudently expended by the Magistrates iu 
vonr District? — I cannot speak particularly ?s to my own 
District, but in the Newcastle District the proceedi frosu 



12 Evinr.Nu; of 

wilil lands sales have been illegally applied towards the erec- 
tion at Amherst ef a Court House and Gaol. 

88. Do you think that the Lieutenant Governors of then;- 
selves, possess a sufficient knowledge of the inhabitants of 
the several Districts to enable them to select judicious per-- 
sows as Justices of the Peace 1 — No, I do not. I think a 
system of favoritism prevails in regard to siicli appointments* 
I do not think His Excellency is acquainted with the charac- 
ter of those who are recommended to him. I think unfit 
men in several cases are appointed and very worthy men neg- 
lected. 

89 Does not the inequality of the system of taxation of 
rateable property, cultivated or uncultivated, afford just 
grounds of con>pl a hit on the part of the people? — I think 
it does ; the industry of the country is highly taxed, while 
the Canada Company Preserves escape taxation. 

90. Have not the resident settlers, by the improvements 
they have made, and the House of Assembly, by its liberal 
grants for Roads, Bridges, and in aid of Inland Navigation, 
given to the public lands their greatly increased value as com- 
pared with 1T02 ? — I have always thought that it was the in- 
dustry of the people of this country that has given value to 
the waste lauds of the Colony. 

91. Ought not the revenue arising from these lands to have 
been applied to the liquidation of the War Lo:>s claims, in- 
stead of increasing the public debt and duties on imports for 
that purpose ? — I think they ought — I do not think the inha- 
bitants of the country, who did not provoke the war with the 
United States, ought to have paid the war losses out of their 
hard labours. 

92. Are the Lands granted to the U. E. Loyalists as the re- 
ward of their services, of which the first Governor of this Pro- 
vince makes honorable mention, free from taxes and roicl 
dues ?— No. 

9-3. Is not the natural depravity of the human disposition 
such, that every Government, unless its measures are subject 
to the controlling ordeal of public opinion, has a tendency to 
despotism I — I think it has. 

9-h Would aof the Brmsu Constitutional system, by which 
the bead of the Government is obliged to choose his cotinci 
ami principal officers from among men : the confi- 

dence of the popular branch .of the Legislatui . we suit; - 

bie to the wants and wishes of the , if ad d in L T j - 

per Canada,, than tWe. present irrc >ven:- 

j ! — I have not the sn 

y.3. Why have you formed this opi 
of opinion lhat men ha?« : ..-»'.-. cc it* 



Jas. Wilson, Esq. M. I\ P. 13 

jive counsel to His Excellency who were not properly acquaint- 
ed with the wants of the inhabitants of the country. 

96. Is it just to the Baptists, Quakers, Menonists, Tunk- 
ards, Independents, Seceders and other classes of christians, 
whose spiritual Teachers receive no share of the public re- 
venue for their religious services, that the clergy of the Kirk 
of Scotland, the Catholic Bishop and Clergy, and the Metho- 
dist Ministers should, without the sanction of the Legislature, 
have a bounty paid for the performance of their religious 
duties 1 — I never liked the plan of paying Clergymen money 
out of the public funds. I think it an erroneous plan alto- 
gether and a wanton expenditure of the public money. 

97. The undue preferences and exclusive privileges granted 
to certain religious denominations, are much complained of 
— would it not te to strengthen good government if they 
were alto ihed 1 — I think it w 7 ould — I also think 
t':at every good christian would support his own Clergyman. 

98. What check would you propose on hasty, partial and 
injurious legislation in England, affecting the commerce and 
through it the general interests and prosperity m this Colony ? — 
I think we should have an Agent in England near His Majes- 
ty's Ministers ; and that, should measures be brought forward 
affecting our trade and interests, he would be enabled to re- 
monstrate against whatever would operate to our disadvantage. 

99. Do you believe that the Legislative Council, as at 
present constituted, would agree with the people in the ap- 
pointment of such a person ] — The Legislative Council gen- 
erally have their eye on one class of persons, while frequently 
the House of Assembly have theirs on a different class. I fre- 
quently see a division in the House of Assembly on such 
subjects. One party being aristocratical in their views, while 
the other party are constitutional. 

100. Would not it be desirable that the Clergy and Crown 
Reserves and all reservations of land, otherwise than for Edu- 
cation, were disposed of for public purposes under the con- 
troul of the Legislature'? — If that plan had been adopted 
sooner it would have been of essential service both to England 
and Canada. 

101. Ought not the whole public revenue to be paid in the 
gross into the Exchequer or Treasury of the Colony and the 
proceeds applied only according to law ? — I think it the most 
proper way. The Legislature ought to husband well the re- 
venues, and be accountable for the same to the people. 

102. What check has the House of Assembly on the other 
branches of the Government as a means of preventing Execu- 
tive usurpations of popular rights? — The only check they have 
is in the imposition of taxes. 

Assem. !So. 21. I 



14 Evidence of 

103. Another subject of complaint by the people is the 
continual stoppage of tbe Bill for the more equal division of 
Intestate Estates; Is the passage of that measure desired in 
your county 1 — It is a measure greatly desired by most of 
the inhabitants. 

104. It is a complaint by many, that the business of Bank- 
ing in this Province is an injurious monopoly : what are your 
sentiments on this subject ? — My opinion is, that it is an inju- 
rious system, unsuitable entirely to the wants of the peole — it 
is beneficial to the few, but injurious both to the agricultural 
and commercial interests of the Colony. 

105. Many complaints are made that the judges and cler- 
gymen of the Church of England and Rome hold seats in 
the Legislative and Executive Councils; are not such seats in- 
compatible with their spiritual and judicial functions! — I think 
they are — and I think ihe clergy would be better employed 
attending to their clerical duties. 

105. In what manner are appointments in the Militia made 
in your district ? — Theie hns been a good deal of complaint ; 
those who served in the militia during the late war, aho sons 
of U. E. Loyalists, and other old respectable settlers, 
complain that persons were placed over them who have no 
claim on account of their services. 

107. What are your objections to an Elective Legislative 
Council! — If the present system cannot be improved, I would' 
have no objection to its bein-z elective — but if an amendment 
to the present system could be effected I would stand by the 
present constitution. 

10S. Do you consider the Canada Company a benefit or 
au injur}- to the Province 1 Are not the grants or sales of 
land to this company of speculators, residing in Europe, an- 
improper transfer of the functions of the Government? — 
I have thought the Canada Company would be an advantage 
to the country by bringing in a number of respectable set- 
tlers, but some objections have arisen in my mind respecting 
the way they obtained their contract for the large tracts of 
land from the Government. That they have had it in their 
power to monopolize and raise the price of the lands now in 
their hands to the injur}- of such as wish to settle in the coun- 
try, and I have understood that they hare rather infringed on 
the political rights of the country. 

109. A very large sum of money, collected by direct tax- 
ation, is annually entrusted to the magistrates, they being ir- 
responsible to the people either directly or indirectly, would 
it not be more in accordance with the genius and spirit of the 
constitution if these monies were placed under the control of 
persons appointed by the qualified electors T— I tbwiJc that rf 



Jas. WasoH, Esq. M. P. P. 15 

the people had it in their power to appoint a number of dis- 
creet mon, with the magistrates, to look at the district ac- 
counts, and direct, also with the magistrates, the expendi- 
ture of the same, that an improvement would he effected. 

110. Do you not consider the custom of pensioning the 
judges to a larce annual amount, by orders from the Colonial 
Office, out of the Upper Canada revenue, and without refe- 
rence to the Provincial Legislature, destructive of the inde- 
pendence of the bench in a great measure'? — I do consider it 
to be an injurious and oppressive system. 

111. How can a bench of Judges dependent on the Colo- 
nial Office for their customary retiring pensions, and indepen- 
dent of the House of Assembly, act impartially between the 
parties in cases where a collision may arise between the Le- 
gislative and Executive Departments in this Colony, or be- 
tween the British Statutes and the Provincial Lawsl — I think 
they cannot. 

112. Ought not those persons who advise His Majesty in 
his appointments of fit persons to £11 the judicial bench to bo 
responsible to the country? — 1 think they ought. 

113. Are you of opinion that the Chief Justice or any of 
the Judges ought to sit in the Legislative Council? May not 
the Judge be calkd on in his legislative capacity to pass opi- 
nions and enact measures of severity against the individual 
whom afterwards he may be called upon to try, as a judge, in 
the courts? — T think it improper that the Chief Justice or 
any of the Judges should sit in the Legislative Council. 

114. Are you of opinion that the misappropriation of the 
public revenue is one grand cause why hundreds of thousands 
of acres of wild lands had to be sold of late years by She- 
riff's Sale, for arrears of taxes ? — I think there is a mis- 
management in our policy somewhere — I think that the na- 
ture of our standing in the country at present, with regard to 
ft depression or sale of lands, may be attributed to the nature 
of things at present with respect to various ways in which 
monies are gathered in the country ; f®r instance, the sums 
going into the Canada Company — to the College — to the 
Crown — and to the Clergy Commissioner, have all a tenden- 
cy to bring on a depression of business and lessen the circu- 
lation of money. The nature of our connexion in trade with 
Lower Canada and the United States, as also the system of 
Banking, tends to drain the country of its circulating medium. 
I lost 200 acres of land near this city, which went into the 
hands of the Hon. Wm. Dickson ; and also many persons in 
the country lost their lands in the same way. 

Ho. Does not a vast annual additional expense fall on the 
Province, owing to the eontinual rejection of bills of a gene- 



1G 



Evidence of 



iral character sent up by the House of Assembly, rejected in 
the Legislative Council, and again introduced, debated, and 
sent up by the House of Assembly! — Undoubtedly it does. 

115. When were you first a member of the Assembly of 
this Province ? — I was first in the House of Assembly in 1808. 

116. Do you think the local knowledge possessed by Lieu- 
tenant Governors of this Colony fully sufficient to enable them 
to nominate independent men otherwise well qualified to tho 
office of Legislative Councillors? — I think not; they are ge- 
nerally recommended by other persons. I think there are in 
the Legislative Council a number of improper persons, parti- 
cularly those holding office. 

117. The vote by ballot in elections is prayed for in many 
petitions both to the Assembly and His Majesty — what is your 
opinion of this mode of voting? — I think it the most indepen- 
dent mode of voting, and that the majority of the country 
would like it. 

118. Are the common schools sufficiently numerous and 
efficient for the wants of the country ? — They are not. It is 
grievous and injurious to the people, the present system — 
the district schools have not suited the great majority of tho 
inhabitants. The common schools ought to be more nume- 
rous by one half, and ought to be better supported. 

119. What is the state of the roads in your district ? It i* 
indifferent, but better than in some sections of tho country, 
owing to the nature of the soil. 

[The Witness withdrew J] 



VERY REVEREND DOCTOR Wm. J. O'GRADY, 

called in and examined. 

120. You are now connected with the press and the pro- 
prietor of a paper ? — I am. 

121. Do you know any law under which newspaper postage 
can be collected in Upper Canada, as a perquisite to a post- 
master? — None. 

122. Are not the letter postage rates, where they exceed one 
shilling and three pence, currency, on a single letter, (which 
is the maximum for the greatest possibledistance in the United 
States) injurious to trade and unnecessarily burthensome on 
this community ? — I think so. 

124. Would not the British Constitutional system by which 
the head of the government is obliged to choose his councillors 
and principal officers from among men possessing the confi- 
dence of the popular branch of the legislature, be more suita- 



Dn. W. J. O'Ckady. 17 

bit* to the wants and wishes of the country, if adopted In Up- 
per Canada, than the present irresponsible mode of govern- 
n-ient ? — I think no unprejudiced man can have a doubt on 
that subject. Persons filling office to advantage ought always 
to possess the confidence of the people — and when they have 
it not, I think, discontent must prevail. 

124. Is it just to the Baptists, Quakers, Menonists, Tun- 
kards, Independents, Seceders, and other classes of christians, 
whose spiritual teachers receive no share of the public revenue 
for their religious services, that the clergy of the Kirk of Scot- 
land, the Catholic Bishop and clergy, and the Methodist Min- 
isters should, without the sanction of the legislature, have 
a bounty paid for the performance of their religious duties 1 — 
I think it unjust and impolitic. I have been always of the opi- 
nion that the ministers of religion should be supported only by 
the voluntary contributions of their respective congregations — 
and in my intercourse with the world, in various parts of it, in 
both hemispheres, I have invariably observed, that where re- 
ligion or its ministers were connected with the state, its func- 
tions were carelessly and improperly discharged, and I have 
further observed that such a connexion had a direct and infal- 
lible tendency to demoralization, it made men, in their politi- 
cal creed, hypocrites, but not converts to any peculiar politi- 
cal system ; the truth oi' this was well understood in Ireland, 
and hence it was that the catholic population in that couutry, 
in conjunction with almost the whole catholic hierarchy, have 
always opposed such a union, and often repudiated the proiter- 
cd bounty of His Majesty's government. 

®125. The Committee understand that large grants of va- 
luable cleared lands have been made of late, to clergymen of 
the Church of England for glebes. Is this within your know- 
ledge ? — I have heard it, but I have no knowledge of it. 

126. "Would not it be desirable that the clergy and crown 
reserves and all reservations of land, otherwise than for edu- 
cation were disposed of for public purposes, under the con- 
trol of the legislature ? — I am of opinion that all those re- 
serves should be made available for the public welfare, and be 
under the exclusive control of the legislature of the province. 

127. Ought not the whole public revenue to be paid in the 
gross into the exchequer or treasury of the colony, and the 
proceeds applied only according to law] — Yes. 

128. What check has the House of Assembly on the other 
branches of the government a? a means of preventing execu- 
tive usurpations of popular rights ? — I do not believe it has any 
effectual check, nor do I believe it can have any such check 
as long as the revenues of the province are suffered to be man- 
aged and dissipated as they have been hitherto ; my opinion is 



18 EVIDENCE OF 

tLat the popular branch of the legislature should hava the 
whole control of those revenues, and until it shall have be- 
come possessed of them, it is not the substance, but the mere 
shadow of a legislative body. 

129. Many complaints are made that the Judges, and cler- 
gymen of the Churches of England and Rome hold seats in 
the legislative and executive councils, are not such seats incom.- 
patihle with their spiritual and judicial functions? — I conceive 
jhat they are incompatable with the discharge of their respec- 
tive functions. 

130. You are requested to give your reasons for such a 
conclusion. — Amongst the many reasons that may be stated oy 
me, I will only mention two, which in my mind are sufficient 
to sustain me in the answer I have given to the last interroga- 
tory. In the first place it is essential, in my judgment, to the 
due administration of justice, that the judiciary of a country 
should be exempt from reproach, and even from suspicion. 
But I cannot conceive that they can be so exempt when they 
fnix themselves up in the business of the legislature, and suffer 
themselves to be led by private and family feelings, and often 
times by the equally culpable motives of political partisanship. 
This is notoriously the case in this province, so much so, that 
as far as my observations extend, the judiciary have not that 
public confidence in the unbiassed discharge of their func- 
tions, which is so necessary for officers appointed by His Ma» 
jesty to administer justice. As to the second part of the in* 
terrogatory, I think it must be quite clear to every man that 
ministers of religion may be more usefully engaged in the 
discharge of their sacred functions, but independent of this 
consideration, the'r previous iiabits of life., generally speaking, 
render them unfit for the developernent of the intricate science 
of legislation. I am fortified in this opinion, by the judgment o^ 
His Excellency the Lieutenant Governor of this province, 
who intimated to the Venerable Archdeacon of York, some 
two or three years ago, that his services could be dispensed 
with, in both the legislative and executive councils, and I bavo 
reason to believe that his judgment was influenced by rea» 
sons similar to those I have already stated. 

131. Do you consider the Canada Company a benefit or aa 
injury to the province! Are not the grants or sales of land 
to a company of speculators residing in Europe an improper 
transfer of the functions of the government 1 — I think it highly 
improper and injurious to the best interests of the country, 
inasmuch as it tends to enrich a few land jobbers at the 
expense of the people, and inasmuch as it blocks up the 
country to the industrious, unless they may be willing to pay 
such sums of money» in purchasei as these land jobbers may 
think fit to demand. 



Dn. W. J. CTGiiady. 19 

132. What are your objections to an elective Legislative 
Council 1 — Considering the Legislative Council in the abstract, 
I have no objection to its present constitution, but viewing 
the material of which it is as at present composed, its depend- 
ence on the Executive, and its insufficiency for the purpose? 
for which it has been constituted, I should certainly prefer the 
introduction of the elective principle. For the last seven 
years I have not been an inattentive observer of this branch 
of the Legislature, and I have no hesitation in pronouncing it 
a nuisance that ought speedily to be abated. It appeared to 
me that almost every popular measure originating in the elcc^ 
tive branch of th<- Legislature met their disapprobation, and 
that they were hostile to any thing like innovation on the old 
system of abuses, against which the country has been so long 
and so justly protesting. From this and many other reasons^ 
that may be enumerated, 1 am of opinion, that the constitu- 
tion of the Council should be modified. Nor can I see any 
modification, that, in the present circumstances of the country, 
will give it usefulness or effect, save by rendering it elective. 
Indeed notwithstanding my attachment to what is good in the 
institutions of the country, I am quite clear that the people 
are the best judges of the capabilities of the mefr thai are 
employed in Legislation for their bene^t, and that to them 
alone should be entrusted their appointment. It is impossi- 
ble, I should think, that a Minister four thousand miles re- 
moved from us, can understand the merits and capabilities 
of our Legislators better than we do ourselves, nor, judging: 
from past appointments, can we be even sure to find in the 
impartial representations of the Executive, to His Majesty's 
Government,- a sufficient security against the appointment of 
unfit persons to that exalted office. 

133. Can you give this Committee any information with 
respect to any bargains made between the Colonial Govern- 
ment and the Canada Company t — I would rather not answer 
that question. 

134. The Committee has a right to- the information it rr« 
quires. — The only knowledge I have touching any transaction 
or bargain of the Company with the Government is derived 
from private conversation I have had with the head of the 
Executive. I do not know that this conversation was confi- 
dential, but certainly it was private, and, therefore, I should 
deem it an especial favour if this Honorable Committee 
vouid hold me excused from giving the required information. 

( The Witness wiikdreic.) 



20 Evli> IINCE OF 

FRIDAY, 6th day of February, 1335. 

DOCTOR JOHN JOHNSON LEFFERTY, or Stam- 
ford, called in and examine J. 

135. Has any inconvenience resulted in your District from th e 
selection of voting places at Elections and what places would you 
recommend for your County / — 1 could not answer that question 
at present. 

136. What is the most convenient polling place in tile 3rd 
Riding of Lincoln ? — I cannot tell, I am opposed to Hiding Elec- 
tions altogether. 

137. Are the Common Schools sufficiently numerous and effi- 
cient for the wants of the country? — No they are not. 

133. Do you think the Lieutenant Governors of themselves 
possess a sufficient knowledge of the inhabitants of the several 
Districts, to enable them to select judicious persons as Justice* 
of the Peace? — No, I am certain they do not. 

139. Does not the inequality of the system of taxation of rata- 
ble property, cultivated and uncultivated, afford just grounds of 
complaint on the part of the people ? — I think so. A man owning 
200 acres of land with perhaps Gl) acres improved, will pay 7 days 
statute labor, while a poor laborer not worth a shilling, will be 
assessed 3 days. 

140. Have not the resident settlers by the improvements they 
have made, and the House of Assembly by its liberal grants for 
roads, bridges, and in aid of inland navigation, given to the public 
lands their greatly increased value as compared with 17.92 ? — Yes. 

141. Ought not the revenue arising from these lands to have 
been applied to the liquidation of the war loss claims, instead of 
increasing the public debt, and duties on imports, for that pur- 
purpose ? — -I think they ought. I think the government ought 
to have given us lands immediately after the war, to have paid off 
the losses. 

142. Are the lands granted to the U. E. Loyalists, as the re- 
ward of their services, of which the first Governor of this Prov- 
ince makes honorable mention, free from taxation and road dues ? 
— They are not. 

143. Would not the British constitutional system, by which 
the head of the government is obliged to choose his councillors 
and principal officers from among men possessing the confidence 
of the popular branch of the Legislature, be more suitable to the 
wants and wishes of the country, if adopted in Upper Canada, 
than the present irresponsible mode of government ? — I think the 
Executive Council ought to be amenible to the House of Assem- 
bly, and that the Governor ought to be obliged to consult them. 

144. The undue preferences and exclusive privileges granted 
to certain religious denominations, are much complained of; 
would it not tend to strengthen good government if tie/ were al- 
together abolished ? — Yes, I think it would. 

145. Would not it be desirable that the Clergy and Crown 
reserves and all reservations of hind, otherwise than for education, 
were disposed of for public purposes, under the control of the 



Dn. J. John-ox LtftFERTY. 21 

Legislature? — f think all ads ought to be put under the 

control of the legislature. 

1 h>. Would it not be better that the sale and disposal of tho 
public lands, and other public proprty, were iti all cases regulated 
by law ! — Yes, I think it would* 

147. Ought not the whole public revenue to be paid in the 
- into the exchequer or treasury of the colony, and the pro- 
ceed* applied only according to law • — Yes, I think so. 

14*?. What cheek has the House of Assembly on the other 
branches of the government, as a means of preventing executive 
usurpations of popular rights ? — Not any — the House of Assem- 
bly is a mere shadow. 

(49. Another subject of complaint by the people is, the conti- 
nued stoppage of the bill for the more equal division of In- 
testate's Estates — is the passage of that measure desired in your 
county ? — Yes, every where, as far as my knowledge extends. 

150. What bank notes are chiefly circulated in the riding in 
which you live .' — Chiefly the Agricultural Bank, they are three 
to one of the other Banks. 

1 51 . Many complaints are made that the Judges and Clergymen 
of the Church of England and Rome hold seats in the Legisla- 
tive and Executive Councils, are not such seats incompatible 
with their spiritual and judicial functions ? — I think they are. 

15"2. In what manner are Justices of the Peace appointed in 
your district ? By the Governor. 

153. What are your objections to an elective Legislative Coun- 
cil ? — I think we would not be doing right towards the mother 
county, to have the election of the whole of the Legislative 
Council — I think two thirds of the Council ought to be elected 
by the freeholder-. 

154. Do you not consider the custom of pensioning the Judges 
to a large annual amount, by orders from the Colonial Office, 
out of the I pper Canada Revenue, and without reference to the 
1'rovineial Legislature, destructive of the independence of the 
Bench, in a great measure ? — 1 think it a hardship that the Home 
Government should have the power to send us men 50 or 60 years 
of age. and pension them soon after, and employ others — I think 
they ought to be pensioned and provided for by the Legislature 
alone. 

155. Are you of opinion that the misappropriation of the 
public revenue is one grand cause why hundreds of thousands of 
acres of wild lands had to be sold of late years by Sheriff's sale 
for arrears ol taxes ? — I do not know thai this is the case. 

I a vast annual additional expense fall on the Pro 
vince, owing to the continual rejection of bills of a general cl 

sent up by the House of Assembly, rejected in th r 
lative Council, and again introduced and debated and ,ui up by 
-f Assembly ? — Yes, there is no doubt of it. 
157. bo yon think the local knowledge possessed by the L i- 
t Governors of this colony fully sufficient Dei them to 

Dominate independent men, otherwise .. difie the. 

office of Legislative Councillors ? — Nu, i do not think they have 
■nt knowledge. 



22 Evidence of 

153. The vote by ballot in elections is prayed for in many peti- 
tions both to the Assembly and to His Majesty, what is your opi- 
nion of this mode of voting? — A man that has not firmness and 
independence of mind to come forward and vote openly and deci- 
dedly, ought not to have a vote at all — but in the present stale of 
things in this country, I think it would be better to vote by ballot, 
which I think would prevent a great deal of knocking down and 
picking up, and would save a great deal of time in trying contest- 
Ad elections. 

(The Witness withdrew.) 



WILLIAM DUNLOP, ESQ., Warden of the Forests 
to the Canada Company, called in and examined. 

159. What was the original value of a share in the Canada 
Company ? — £100. 

ISO. Was that the nominal value? — It was the amount 
wLich the Company had the power of oalling. The Company 
had an additional power of doubling the capital in case two-thirds 
of the subscribers agreed! to it. 

tCr. What sum has been paid on each share? — Tn 1824 there 
was £10 paid, between that and 1833 there was £7 more, and 
sinee that there was 10s. 

162. What is the Exchange value in London? — The Stock 
Exchange v-alue touched £53, latest information gives 42. Tim 
is not in any way. connected with the operations of the Company, 
but is owing to the scarcity of bullion arising from the quantity- 
exported to the United States, and the hoarding of bullion con- 
sequent on the unsettled state of Europe. 

163. Another subject of complaint by the people is the contin- 
ual stoppage of the bill for the more equal division of Intestates' 
Estates — is the passage of that measure desired in the country ? 

I do not know whether it is desired or not, but I think it woull 

be a bad measure if it was passed. Ft has been tried in Franc»\ 
v.Dder the Code Napoleon, and in Lower Canada under the Nor- 
man Law, and its effect always is, by frittering down farmers, to de- 
grade the farmer into a peasant ; and in every part of Scotland* 
where small holders, or, as they are there termed, i4 Bonnet Lairds,' 1 
agriculture is in a most wretched condition, and they themselves 
in poverty and distress. 

164. What are your objections to an elective Legislative Coun- 
cil ? Beeause I think it would do away with the power of the 

Crown entirely, and make us a Republic. 

165. Do you not consider the custom of peniionins: theJedges 
to a large annual amount by orders from the Colonial Office, »*c 
of the Upper Canada revenue, and without reference to <-h<* Pro 
vincial Legislature, destructive of the independence of cbe beach 
in a great measure?— No, I think all public officers when tbwr 
aT e past work should ho liberally pensioned— and that i 

of the Judges a regulated sum &a «bivb they might r^ire i&cuid 
fe.e T;rcviJ.eJ by law, 



War. DuNLor, Esq. 28 

(The witness is shewn the Post Office Return and asked.) 

166. What mode would you recommend for the better govern- 
ment of the Post Office, and for allowing the control thereof 
to the colony? — Let the Governor appoint the Postmaster Gene- 
ral, & let his accounts be audited as all other public accounts are. 

167. What check would you propose on hasty, partial and 
injurious legislation in England, eifectiug the commerce, and 
through it, the general interests of this colony ? — I can see of 

•no good way unless by having an agent in England. 

163. Do you think in the present state of the Legislative Coun- 
cil and House of Assembly that there is the least likelihood that 
tr.ey would agree upon the person to be the agent ? — I cannot 
tell, it would be worth while trying. 

168.* The Committee understand that large grants of valuable 
rieared lands have been made of late to clergymen of the Church 
of England for glebes — is this so within your knowledge? — 1 am 
not aware of it. 

169. Would it not be -desirable that the Clergy and Crown Re- 
serves, and ail reservations of land, otherwise than fo'r educatioa, 
were disposed of for public purposes, under the control of the 
Legislature? — I do not think so, fori think the Legislature have 
shewn themselves utterly incapable of managing their own mat- 
ters, as witness the Weltand .and St. Lawrence Canals. I consi- 
der the St. Lawrence Canal not necessary in the present state of 
the country. 

I7Q. Would it not be better that the sale and disposal of the 
public lands and other public property were in all cases regulated 
by law ?~—The land I do not conceive to be public, but in the 
possession of the Crown, as much as Hyde Park, Windsor Park, 
the clergy lands are in a fair way of being alienated. 

171. Ought not the whole public revenue to be paid in the 
-gross into the exchequer or treasury of the colony and the pro- 
ceeds only applied according to law ? — Certainly. 

172. What check have the House of Assembly on the other 
branches of the government as a means of preventing executive 

usurpation of popular rights ? — The same that the House of 
Commons has — they can withhold supplies. 

173. Have many law suits been entered into with the Compa- 
ny's settlers ? — One with Bergin for things he furnished to the 
* "ompany's Clerks, and another now pending with Van Egmond 
respecting the balance of a road account. No settler of the 
Company has ever been ejected from a lot. 

174. Are the Common Schools sufficiently numerous and ef- 
ficient for the wants of the country ? — Certainly not. The sys- 
tem of New England of taxing all for the support of schools and 
compelling by law parents to send their children to school 
appears to me the only way to ensure education in the present 
i^rcu mstances of the country. 

175. Are not the letter postage rates, where they sxcp.ed one 
5-VHmg and three pence currency on a single .letter, (which is 
the maximum for the greatest possible distance in the Unit?*! 
Sftates) injurious to trade and unnecessarily by*theflso*oc on th« 
•jmiDunitv ? — I think so. 



24 Evidence or 

1?<). Have not the resilient settlers, by the improvements they 
Irave made, and the House of Assembly by its liberal grants for 
roads and bridges and inland navigation, given to the public lands 
their greatly increased \alue, as compared with 1792 ? — Certainly. 

1??. Ought r.ot the revenue arising from these lands to have 
been applied to the liquidation of the war loss claims, instead of 
increasing the public debt, and duties on imports lor that pur- 
pose ? — To the best of my belie'" the Canada Company was 
formed for the express purpose of paying the War Los 

178. I> it just to the Baptists, Quakers, Afenonists, Tunkers, 
Independents. Secede: ,. and other classes of christians, whose 
spiritual teachers receive no share of the public revenue for 
their religious services, that the clergy of the Kirk of Scotland, 
the Catholic Bishop and clergy, and that the Methodist Ministers 
should, without tbe sanction of the Legislature, have a bounty 
paid lor the performance of their religious duties? — I think it 
would be well if these payments were exteuded to all or to none — 
1 was always of opinion that they would be better employed in 
educating the youth of the province. 

1/9. The undue references and exclusive privileges granted 
to certain religious denominations are much complained of. 
Would it not strengthen good government if they were 
altogether abolished J — I think so — I have always been of that 
opinion. 

180. "Would not the British Constitutional system, by which, 
the head of the government is obliged to choose iiis councillors 
and principal officers from among men possessing the confidence 
of the popular branch of the legislature, be more suitable to the 
^vants and wishes ot' the country, if adopted in Upper Canada, 
than the present irresponsible mode of government ? — It would 
be more suitable to common sense, because it is an anomaly in 
legislation that a ministry should exist which neither the King 
nor the people can remove. 

1SL. What are the prices at which the Company is now selling 
lands in the Huron Tract/ — From 8s 9d to 15s. 

182. Are the Company's wild lands subject to taxation, like 
other wild lands • — Yes. in the Huron Tract they are — the mo- 
ment land is surveyed in that tract it is ours we having paid for 
it ; in the Crown Reserves it is otherwise, because, by the second 
agreement we obtained a pre-emption of the Crown Keserves, so 
that until we apply for them they belong to the Crown, 

183. So that the effect of the bargain is, that these reserves 
stand in blocks and lots in the midst of the settled lauds of the 
province, without being taxed in any way ? Yes, had the first 
agreement stood it would have been ruinous to us : we would 
have had taxes to pay on two millions of acres. The moment a 
letter ol licence passes from the Company to the settler the land 
is subject to taxation. The taxation to which the Company were 
subject on unsold lands in the Huron Tract amounted to about 
£1,800. That part of the Huron Tract, unsurveyed, pays 
no taxes. 

184. What is the average price paid the Company for reserves 
in the unsettled townshij s ! — The first year it was about 9s and 
the last about Us 6d. 



Wm. Dilnlop, Esq. 25 

1 >. Do you sell to settlors chiefly for ready money or on cre- 
dit, mil if on credit is it with or without interest'.' — All on credit 
with interest. Occasionally a lot is sold for ready money — five 
years in six instalments is the general time allowed. 

186. How has the increase of value on the stock been 
niiected ? — From the great increase of emigration, and the money 
.'.»ro light into the country by emigrants, much more extensive 
sales have been made than were during the first three years. 
Money being more plentiful wlso has rendered the second pay- 
ments on instalments more regular, and seeing a business steadily 
.going on has inspired the shareholders with confidence. 

187. What number of shareholders are there ? — I do not know. 

188. Where do they chiefly reside? — In London and the neigh- 
bourhood; I should think some in Scotland. 

189. Will not this monopoly eventually draw several millions 
sterling out of the province without conferring on the settled po- 
pulation any adequate advantage ? — 1 think that laying out £165,- 
-000 sterling will amply compensate the province for any sums that 
may be drawn from it. 

190. What amount has been paid in of stock by the sharehold- 
ers?— Say from £160,000 to £170,000 sterling, a very small part 
-of which has been expended at home. 

191. Could you produce to this Committee any detailed state- 
ments shewing the expenditure in this colony? — We have no 
printed copies in the office here shewing the expenditure — they 
are annually published in England. 

192. Does the Company's charter confer banking powers? — I 
think so — but Serjeant Spankie and Sir John Campbell think 
not ; it was decidedly intended that it should. 

193. Are you aware of any loans having been made by the 
"Company to the Colonial Government for improvements ? — There 
never has; Serjeant Spankie and Sir John Campbell are of opi- 
nion that we have not the power to make such loans. 

194. What sum has been allowed in the present agreement 
■between the Government and the Company to be deducted from 
the purchase money, and expended in improving the lands ? — 
Nearly £48,000 currency, to be expended in the Huron Tract, on 
ltoads and Bridges, Harbours, &c. 

195. How much of this allowance has been expended ? — £26,- 
000, within a fraction. 

296. Have detailed statements of this expenditure with the 
vouchers been laid before the government here ? — All but I think 
about £3,001) of the lasc summer's expenditure, which is now 
making up. 

197. Who judges of the fact of the expenditure ? — The gov- 
ernor alone — he appoints persons to inspect the works. The 
Company are to get no part of those townships unsurveyed prior 
to March 1834. 

198. What price per acre was paid for the Huron Tract? — 
That I cannot tell, but 1 think it was about 2s 6d per acre. The 
bargains of the Company are, 1 believe, on the journals of the 
House, or among its papers. 

199. What is the number of shares ? — Originally one thou- 



*26 



E VIDE ML OF 



sand. In 1826 there was a panic in the money market — during fh* 
mania that preceded that panic, the shares, though nothing had 
been done, though the charter had not been obtained, and though 
little was known in London about the prospects of the Company, 
arose to £37 premium ; when the panic commenced in 1826, the 
credit of Joint Stock Companies fell, and that of the Canada 
Company with them; shareholders to the amount of £10,000 
«>r 1,000 shares took advantage of a new arrangement that had 
fceeu entered into with His Majesty's Government, by which the 
Huron-Tract was given in lieu of the Clergy Reserves, and with- 
drew from the association, receiving the full amount of the mo- 
ney they had paid without the last term ef interest, so that the 
i> umber of shares held now is over 9,000. 

200. Have the persons who have shares is that Company re- 
ceived dividends on the instalments paid in? — They have nomin- 
ally received 4 per cent, interest, though in reality it can only be 
railed a paying back of past of the principal, seeing, that during 
the whole period the Company have keen-drawing for instalment* 
■wherewith to pay the interest. 

(The Witness withdrew.) 



Coxonei A. G. W. G. VAN EGMOND, Ross, llullet 7>. 
Muron Tract, called in arid examined. 



201. What price did the Canada Company pay for the Huron 
"firact? — About two shillings and tenpence half-penny per acre, 
sixteen years credit, without interest, and £48,000 sterling, allowed 
off to- improve their own land, which I believe would be equal to 
a-bout one shilling sterling per acre. 

"202. What are they selling the lands for ? — From 12s. 6d. to 
13s. 9d. per acre. 

203. What is the extent of the tract? — They got one miftion 
iwo hundred thousand acres, from which one hundred thousand 
were deducted for a swamp. 

204. How Ions have you been settled in the Huron Tract? 
Six years this Christmas. I am the oldest settler in that tract. 

205. Have the company taken proper means to encourage and 
promote the settlement "of the tract ? — For the first year, in God*- 
sich alone ; since then tbey have taken no pai>sto assist thescttleie. 
Last year, there was a steamboat employed to bring settlers from 
Detroit to Goderich. Instead of attending to that they went se- 
^ra'l times on pleasure trips up Lake Huron, once for three weeks 
frso at a time. By that trip the settlement lost GO Scotch fami- 
nes. From the best information I can obtain, we lost from 250 
»0 300 families, who chiefly settler! in Michigan, and the other 
stales, because the Company neglected them. 

206. Are the Agents to the Company kind to the aetflpra.l — 
Bfo — thev are, with thf exception r>f Mr. Wilson, verv arbitrary ; 



ehey are rcr\ tvranni* 

tj'iet.. 



1 speak of thi 



its residing uu the 



(\)[.. Van KiiMosn, 2?7 

207. What magistrates am! Court of Request CommtMiotiora 

h«veyou? — Charles Prior, Jno. Brewster, and Captain Duulop. 
They do just what they please. There are nineteen Townships 
iu the iluroa Tract, and only these three Magistrates. 

208. Have the Company made any road in the tract 1 — Yes, 
nne frora Wilmot to Goderich, and one from Vandersburg tb 
London village. These roads extend upwards of ninety miles 
and will eost about £17,000, which is allowed them out of thw 
purchase money. The Company have also laid out about £5000 
fox Grist and Saw Mills. 

309. Have any settlers been ejected from their farms ? — Yes, 
they are scared out of the tract and ejected without any form ef law 
or justice. Many persons have been driven out of the Territory, 
there is no other law there except what the Company's servants 
stake. We must be very polite to the Agents. 

210. Are the Company empowered to impose on settlers aucfe 
terms a 1 they please? — Yes, they are. 

211. Is there any difficulty in getting titles or letters of occu- 
pation ? — They have sometimes to wait a little, but they get them 
Public laads sell in the United States at 6s. 3d. per acre, and are 
likely to be brought down to 3s. 9d. 

212. Do the Company take large sums out of the country 1— 
Their profits in 1833, were £28,000, sterling, after paying ail ex- 
penses — the Stockholders chieiiy reside in England. 

213. Do the European working settlers express themselves 
satisfied ? — Dissatisfied in the highest degree, from whatever 
quarter they come. 

214. Are there any Schools? — One in Goderich. The Com- 
pa.>iv do not now support any other school that I know of. 

215. Is money plenty ? — Perhaps as much so as in any other 
place. Vr. Tayler keeps a private Bank, and issues notes from otti 
ilotlar lo a pound — they circulate among us. 

216. In case Huron should be formed into a county wher-s 
would be the best polling places? — One at Goderich, and one ai 
the place where the big Thames River crosses the Huron Read, 
about thirty-three miles from Goderich. 

217. Where do the magistrates lay out the monies they receiva 
for wild land taxes? — I do not know. 

218. What is the established religion m your Tract ?~~ There 
are do. ministers of religion of any kind iu the Tract, nor is there 
any militia. 

219. Whut is the population of the Tract or country ?-~ Report 
says 2,000. 

22 J. How do the Company pay for the work they get done? — ■ 
F'.t the first five years they paid two-thirds of the labor in land, 
at 7s Sd. (which cost (hem not much more than one skilling an 
a«ire] and one-third iu money. 

[The [fitness withdrew] 



28 Evidence of 

SATURDAY, February 7 th, I 

The Vert Rev. Dr. W. J. OGRADY, again called in 
and examined. 

221. The Committee informed the witness that as the conver- 
sation alluded to by him, on his previous examination, was not 
confidential, nor relating to private and personal affairs, they 
were desirous to obtain Information as to the agreement with the- 
Canada Company. 

The only knowledge I have, regarding any transaction or bar- 
gain between the Executive of this Province, and the Canada 
Company, arises from the conversation alluded to in my previ- 
ous answer, which I had had with His Excellency the Lieutenant 
Governor some three or four years ago. He stated tome that 
the Company threatened the resignation of their charter in con- 
sequence of the continuation of the sales of the Crown andt 
Clergy Reserves in this Province. He further said that the- 
Commissioners complained, that the Companv sustained a serious- 
injury from these sales, and that something should be done to stop 
their mouths. He then spoke to me regarding the Huron Tract and 
said that he was thinking of having it conveyedu-them I took the- 
liberty of suggesting to His Excellency that it would be better for 
the interests of the country to accept the proffered resignation; he 
immediately replied, what in that case would we do for money ? 
How, for instance, would we pay the different Churches ? I un- 
derstood them to mean by this, the Churches receiving pensions 
by order of His Majesty's Government. These Lands, or this. 
Huron Tract, was shortly after conveyed to the Company. This 
is the substance of the conversation that passed between the 
Governor and me on that occasion. 

222. Are you aware whether the grants by the Colonial Of- 
fice to the Catholic clergy out of the Revenues of this Province, 
have been applied to the purposes for which the Government in- 
tended them ? — I know they have not. 

223. Have you any proofs of a misapplication ? — The monies 
passed through my hands, as Vicar General of the Diocese, for 
several years, and it came within my knowledge that they have 
been misapplied. Its misapplication was frequently complained 
of by the Clergy and the laity. It was complained of in the first 
instance. I believe, some five or six years ago. by the ReverencT 
Angus 3I*Donell, the Bishop's nephew, and the Rev. William 
Eraser, two officiating Clergymen of this Diocese, in a petition, 
to His Excellency Sir John Colborne, and subsequently in a 
petition from the Rev. William Eraser to His Majesty's Secretary 
of State for the Colonies, which was left in the Government 
ofiice for the purpose of being transmitted. When those Peti- 
tions were laid before His Excellency he sent for me to inquire 
my opinion of the course it would be most prudent for him to 
pursue in such circumstances. I humbly suggested that copies 
should be furthwith furnished to Bishop M 'Done II, with a view 
to obtain from him such detailed information regarding His Ma- 

s appropriation as would enable him to come to a just cieci- 



Du.W. J. U'Ghadv. 29 

lion complained <>t*. His Excellency did so, and 

shortly after the Bishop arrived in this town, and directed me to 
use my influence with .Mr. Secretary Mudge li have the whole 
affair q lashed. He said that he was not prepnred to go into such an 
ion, and desired me to make overtures to Mr. Eraser, to 
induce him not to press it. Others of the Clergy, namely, the 
Rev. Messrs. Culler!, Gordon, Dempsey, and C: 1 I e fre- 

quent c mplaints to me in my official character of Vicar General, 
of the mal-appropriation of this fund on the part of the Bishop. 
The Rev. Mr. Cullen stated that he was obliged, against hi 
sciencp, to give the Bishop receipts for money he never paid 
representing himself to be a schoolmaster, though he never had 
been such ; and further said that his conscience was so tortured 
on this subject, that he. on one occasion, walked from Glengarry 
to Montreal, to consult Rev. Mr. Roque, of Montreal, whether he 
could, under any circumstances, continue to grant the Bishop 
such receipts in future. A commission was appointed by the 
parishioners of this city, some three or four years ago, to en- 
quire into th "s appropriation, together with other matters of Ec- 
clesiastical polity. The Report of the commissioners is in my 
possession, and it appears there, from the evidence of the clergv- 
men already named, that gross peculation has beeu committed on 
this fund. The Commissioners made a representation of this 
to His Excellency the Lieutenant Governor in January. 1829, but 
to no purpose. A subsequent representation was made to him, 
but inquiry was denied, and it was strangely assumed, in contra- 
diction of the most positive testimony, that the Bishop had appli- 
ed the whole according to His Majesty's benevolent intentions. — 
I then found it necessary to put myself in communication with 
His Mnjesty's Local Government, and with the Colonial Secre- 
tary, in Downing Street, on this subject ; and though J stated that 
the monies passed through my hands, and that one fourth of the 
whole was usually reserved far School Misters, and that out of 
the residue large sums were occasionally paid, (on one occasion 
.£212 10) to the Bishop's order, which was never accounted for, 
and that to my certain knowledge the Bishop was iu the habit of 
applying portions of these monies to his own private purposes, and 
that upon one occasion I paid to him, therefrom, by a check on 
the bank of Upper Canada, the sum of £40. to pay his expenses to 
Sandwich, in the Western District; and other sums at various 
times, yet it was assumed against this proffered evidence, that 
the Bishop acted with the strictest integrity and propriety. I am 
in the positiou to prove, unequivocally, before any tribunal, that 
His Majesty's bounty, in this regard, has been most shamefully 
abused, and the Clergy already named by me, if called upon, 
can prove it, though, perhaps, not to the same extent. Not only 
did the Bishop misapply the monies, but he even went so far as 
to direct me to give 2^ per cent, to the Lieutenant Governor's 
private Secretary for the simple performance of the official duty 
of his office as such Secretary. The correspondence I here of- 
fer in evidence. 

(The witness here gave in the following papers: — A Letter to 
Witness from Bishop M'Donell, and a note from Mr. Mudge.) 
Assem. No. 21. K 



SO Evidence of 

Kingston, 8/7t June, 1829. 
Rev. and very dear Sir, 

In the same envelop with this I send you ft power of 
Attorney for Mr. Mudge to enable him (to enable him) to draw the 
salary of the Catholic Clergy-men and schoolmasters of this 
Province, from Government. 

I authorise you to leave 2£ per cent of the money in 
the hands of Mr. Mudge as a small acknowledgment for the trouble 
and any expense that may attend the procuring of the warrant and 
drawing of the money. When drawn he will hand it to you for 
distribution, and you will be so good as to write to the different 
individuals to inform them that you have the money, what sum 
each is to receive, and how they are to draw for it. 

I have been told that Mr. Fraser may prosecute me 
for the forty pounds I paid to you at York, because it would appear 
that he is in possession of a letter of mine authorising him to draw 
upon Mr. Baby to that amount, and he has been telling to others 
although not to myself that he will compel me to pay those forty 
pounds. 

To save myself therefore from farther trouble from 
my friend on this score you must pay him the share that was put 
down for him in the distribution of the current half-year j£35 in lieu 
of what was ordered to him in the preceding half-year, and it will 
be necessary to obtain his acknowledgment to that effect. 

Query. 

I shall write to Mr. Campion if you approve of it and 
order him to put himself under your directions for some time till his 
health be re-established. I think he might be of great service to you 
in carrying your plans into execution, and in paying occasional 
visits to the rear Townships attached to the Mission of York. 

Mr. Angus has taken his departure for Bytown but 
Mr. Fraser is still here. 

I feel anxious for the appearance of the pastoral letter 
which I have been expecting by every steam-boat for a week past. 
Also for the Theological Book, you were so kind to promise to 
lend to Mr. Chisholm and the Concordance to me. Please to give 
any parcel or letters you may have for me to the Clerk of the 
Niagara steam-boat or to the Captain himself and they shall be 
s.ifely conveyed to me. 

I beg you will be so good as to present my kind res- 
pects to Colonel Baldwin, to Mrs. and Mr. O'Grady, and my warm 
regard to the dear little fellows. 

1 remain with great esteem and sincere regard, 
Rev. and dear Sir, 
Your faithful servant and fellow-labourer in the Lord's Vineyard, 

ALEXANDER MACDONELL, Er. Regiop. 

P. S. — What progress do you make in your Catechistical 
Society? Have you got out the Patent Deed for the School 
Ground ? 

If you do not make your Rev. Brethren pay for their postatge 
and your own trouble, it will be your own fault? 

To Rev. Wm. J. O'Gradv, ) 
M.Ap. York. * < 



Dr. W. J. OGradv. 31 

Wednesday, 17th June. 
Dear Sir, 

I have the honor to acknowledge the receipt of a. 
letter from Bishop M'Donell which you were good enough to for- 
ward to me, and in which it appears arrangements had been made 
that 1 should receive the money paid to the Roman Catholic 
Clergy in this P rovince, and transfer it to you ; but as it would be 
incompatible with the duties of my office to become in any way a 
private agent, I have written to the Bishop by this post to inform 
him of this, and I have returned the power of Attorney which his 
Lordship enclosed to me. 

I have the honor to be, 

Dear Sir, 

Your obedient and faithful servant, 

Z. MUDGE. 
The Rev. Wm. J. O'Grady. 

224. What allowance was made in 1827 to Wm. P. M'Donald 
as a Catholic Priest ? — There was no uniform allowance to any 
Clergyman — all depended upon the caprice of the Bishop. 

(The witness gave in the following receipts from the present 
Vicar General.) 

Parish of St. Andrews, County of Stormont, 
20th October, 1827. 
£78 15 

Received from the Right R ev. Alexander M'Dcnell seventy- 
eitj^t pounds fifteen shillings currency, being my salary as a Roman 
Catholic Priest from September, 1826, to June, 1827, in witness 
whereof I have hereunto set my hand this twentieth day of Octo- 
ber eighteen hundred and twenty-seven. 

JOHN M'DONALD, Priest. 

Glengarry, November 15th, 1828. 
Received, of this date, from the Hon. James Baby thirty-six 
pounds eight shillings and six pence sterling, as my half-yearly 
share of the Government allowance to Catholic Clergymen and 
Schoolmasters. 

Wm. P. M'DONALD. 

St. Raphael, Glengarry Upper Canada, Dec. 22, 1827. 
Received from the Right Reverend Alexander M'Donell, eighty 
pounds currency, being my salary from September eighteen hun- 
dred and twenty-six, to the thirteenth of June, eighteen hundred 
and twenty seven. 

Wm. P. M'DONALD. 

St. Raphael, Glengarry, Upper Canada, Dec. 31, 1827. 
Received from the Honorable James Baby, the sum of forty 
pounds sterling, being rny half yearly salary as a Catholic Priest, 
from the thirtieth of June to the thirtieth of December, one thou- 
sand eight hundred and twenty seven. 

Wm. P. M'DONALD. 



Evidence of 



225. Referring to your former answer respecting an Establish- 
ed Church, have you any proof that the Bishop exercised a poli- 
tical influence over his Clergy in conjunction with the Governor 
of this Colony 1 — lie got up a petition against Mr. Mackenzie, 

attended a public meeting in Mrs. Jordan's Inn, and harangued 
the people ; and by the most inexcusable misrepresentations, ob- 
tained signatures to said petition inducing the signers to be- 
lieve, from Altars dedicated to the service of Religion, that the 
document to which he invited them to affix their names was in- 
tended solely for the advancement of the Catholic Church. 
{Shortly after, he left here for Peuetanguishcne, accompanied by 
the Rev. Messrs. Gordon and Crevier ; and Mr. Gordon told 
me that he stopped on his way, to perform Divine Service in the 
Catholic Church of the Township of Toronto, and that he did 
on that solemn occasion, instead of preaching the morality of the 
Gospel, inveigh in the most violent and unbecoming manner 
against William Lyon Mackenzie. He went from that to Adja- 
la, where he parted from the Rev. Mr. Gordon, having given him 
previous instructions to obtain signatures in the best manner lie 
could to a blank paper, which he left him for that purpose. The 
Rev. Mr. Gordon told me that he was shocked and scandalized at 
the manner in which this political crusade was conducted. I my- 
self have frequently heard the Bishop preach, before, and after 
the event here alluded to, and his sermons, invariably, as far as I 
have been able to judge of them, presented a strange and incohe- 
rent medley of politics and Christianity. The following letter from 
the Bishopaffords the best evidence. 

(The Letter respecting Mr. Crevier and the Yankee Metho- 
dists was given in.) 

St. Raphael, County of Glengarry, ) 
January 23id, 1831. s 

Very Rev. and Dear Sir, 

We have b°gun and we must finish with the 
Rev. Mr. Crevier, Letters from tiie Messrs. Baby and from Sister 
St. Patrick, of which I send herewith copies, were brought hero by 
the last post but one. Those letters prove the imperious necessity 
of removing Mr. Crevier from the parish of L'Assumption without 
further delay, and although it be with very great reluctance that I 
could think of giving you the fatigue and trouble of executing so 
disagreeahie a commission, I find I have no alternative but to in- 
trude once more on your good nature, and obliging disposition, by 
requesting that you would take a second journey to Sandwich and 
put the finishing hand to the work you have already begun in that 
parish. 

You will receive along with this full and ample powers from me 
to deal with the Rev. Mr. Crevier as circumstances may require, 
either to remove him to another mission, and the one that would 
suit him best is that of Penetanguishine, because the greater part 
of his 'hearers there would be Indians ; or withdraw his faculties, 
or if necessary suspend him at once. Should any part of his pa- 
rishioners b? seduced by him to resist your authority, and ferment 
fch« spirit of dUcorl and dissension in the congregation, those 



Dr. W. J. OGhady. 53 

must be dealt with a? rebellious and schismatic; nnd even if the 
whole or a majority of them prove refractory, quod Deus avertat, 
we would rather you to put the parish under interdict and lock the 
door of the Church than allow the Divine authority invested in us 
to be thus djspised and trampled upon. 

The ho'y days being now past, I trus f . yo-i will find it practicable 
to take a second jaunt to Sandwich, as soon as possible after the 
receipt of this letter, and as you are not accustomed to speak or 
preach in the French language, I empower you to take Mr. Cullen 
along with you in ord:r to announce from the pulpit your orders 
and instructions to the Catholics of Sandwich. After d smissing 
Mr. Crevier you will leave Mr. Cu'len in his place until I get that 
parish supplied with another Clergyman. 

1 have no doubt that you will find the Messrs. Baby and the 
well disposed part of the congregation ready to s -cond your lauda- 
ble efforts to bring the confused and mismanaged affairs of that pa- 
rish into order and regularity, and to put the infant establishment 
of the female school in a train to continue its progress towards 
completion. 

I would wish you to wait upon His Excellency and to submit to 
him my intentions and orders in reference to Mr. Crevier — for it 
has been always a principle of mine from which I would not wish 
to deviate on this occasion, whenever I found it necessary to resort 
to an extraordinary exercise of my spiritual authority to do so with 
the approbation and consent of the temporal power. From the 
uniform kindness and condescension which we have received from 
lis present Excellency Sir John Colborne, I should hope that he 
would have the goodness of furnishing you with such recommend- 
ation as would procure you sufficient support from the Civil autho- 
rity of the Western District, on the event of your finding any in- 
surmountable difficulties on the part of Mr. Crevier, or his party, 
in the execution of our orders. J should, however, be extremely 
sorry to resort to the civil power, except in case of absolute neces- 
sity, at the same time I should not be very backward in givino- a 
b;wd hint to Mr. Crevier that I was in possession of such a povvvr 
and should not hesitate to make use of it in case of necessity. 

I would advise you to take the Hon. Mr. Baby with you, when 
you wait upon His Excellency on the business above-mentioned 
as he is better acquainted than you or I with the characters and 
matters to be overhauled in Sandwich. From what has already 
come to the knowledge of His Excellency respecting Mr. Crevier's 
electioneering transactions, I should trust he would have the 
less objection that he should be removed from Sandwich, if neces- 
sary, and placed in a situation more suitable to his peculiar talents 
and qualifications, being tolerably well versnl in the Indian lan- 
guage, and a thorough-bred voyag?ur, he would be admirably quali- 
fied to match the Yankee Methodists, and rescue the poor Indians 
of Penetanguishine and Lake Simcoe from the fangs of these 
reptiles. 

I remain, with much esteem and regard, 
Very Rev. and Dear Sir, 

Yours, affectionately, 

A. REG10POLI3. 



34 Evidence of 

226. Have you any other evidence to shew the committee that 
a baneful influence exists in this Colony injurious to its welfare 
and prosperity ? — I think that the existence of a baneful influence 
to a great extent cannot be denied by any person acquainted with 
the circumstances of the Province — It is notorious that all offices 
of honour and emolument in every department of the Government 
are monopolized for the most part by some three or four private 
famalies and their adherents, to the exclusion of superior talents 
and integrity, and it is equally notorious that even the meanest 
office in the patronage of the Executive is only conferred on per- 
sons of a particular political bias, and that the country, in conse- 
quence thereof sustains serious Injury, and that its affections are 
alienated in a great degree from the local administration. As a 
corroboration of what I here assert, I give in evidence the follow- 
ing letters from a member of the Legislative Council. 

[The witness delivered in evidence the following letters from 
the Right Reverend the Bishop of the Roman Catholic Church.] 

{The witness withdrew.) 

St. Raphael's, Glengariy, ) 
30lh Nov. 1830. ] 

Very Rev. and dear Sir, 

Your favor of the 29th September from Sandwich, 
and your interesting and valuable communication of the 20th Octo- 
ber from York, are both before me. A very severe cold which con- 
fined me to my room for several weeks, prevented me from replying 
to them till now. I shall take them in the order of their dates : Mr. 
Fluet's conduct in deserting- his post at Amhertsburgh, without the 
sanction or even the knowledge of his superiors both surprises and 
disappoints me very much : it is so contrary to the general tenor of 
his conduct since I have known him. — On reflection, and coupling 
this transaction with the circumstance of his going through Sand- 
wich without waiting on you, I suspect that he imbibed no favorable 
impressions from his host and confrere at Niagara, which makes me 
sincerely regret that he had been left exposed to the seduction of a 
character whom I now begin to think of a more designing and dan- 
gerous description than I was aware of at one time. I shall write to 
Mr.Fluet to hold himself in readiness to return to Amhcrstburgh, how 
toon His Excellency will have the goodness to restore his salary to 
him, and I request you will use your utmost ex< rtion and influence 
with His Excellency to have that done as soon as possible. Do not 
fail to acquaint Mr. Fluet the moment you succeed with His Excel- 
lency. 

The names I wish to be inserted in the Deed of Trust, for the 
glebe land in York, are my own name and that of my successor in 
office, and those of the Parish Priests of York, and of Kingston for 
the tune being, and of the Honorable James Babv, and of Alexander 
McDonell of York, Esq. 

I have been greatly disappointed at not having the honor of re- 
ceiving His Excellency under my humble roof here as I had been 
given to expect. It was too late in the season when he arrived in 



Dk. W.J. 0'Grady. f>5 

Kingston, and he told Mr. Wm. McD. that he could not venture 
this length, but that he would write me soon. Thus have I been 
deprived of the opportunity of talking to His Excellency on the 
various subjects you were so kind to suggest. I beg, however, you 
will thank His Excellency for his great condescension in mention- 
ing his reasons for not appointing the persons I recommended to 
him at Kingston for Commissions of the Peace. His Excellency 
must have come to a determination of withholding their appoint- 
ments from those persons in consequence of private information 
received of their character. There are secret foldings in the ma- 
gistracy of Kingston, which I could develope if necessary ; for the 
present suffice it to say, that there is a knot or junta of Magistrates 
in Kingston, as exclusive and hostile to Catholics as any corpora- 
tion in Ireland, who will never admit a Catholic into their body if 
they can, more especially an Irish Catholic — and of all the men on 
earth Mr. Walter McCuniff, for very substantial reasons which I 
could mention to you viva voce, but would not choose to commit to 
paper. You may present my humble respects to His Excellency, 
and say, that being personally acquainted with the major part of 
the Magistrates of Upper Canada, I do not hesitate to assert that 
one half of them, not to say more, are not better qualified to dis- 
charge the duties of Justices of the Peace than every one of those 
I recommended in Kingston, and you may add, that it is my full 
conviction that until a certain proportion of Catholics get into the 
Commission of the Peace there will never be peace and security in 
the province. 

Mr. Campion called here on his route to his native country ; I 
understand from him that he was to visit Montreal and Quebec. 
He wrote me previous to his departure from Niagara, that it was 
his intention to spend some time in England, and perhaps in France, 
and pressed me hard to send him an order on you for his quota, 
which I did on the terms we agreed on at Niagara, viz : that he 
should previously place the money he collected for building a 
Church at Niagara, in the hands of Mr. Cullen or the Elders, and 
this was a conditio sine quanon. When here, 1 told him he might 
as well leave his quota in lieu of the collection being nearly of 
equal amount. How he managed I do not know, but if I understand 
Mr. Micon rignt, he did not seem to act in Montreal to his satis- 
faction. 

Your proceedings in Sandwich demand my most grateful and sin- 
cere thanks. On that subject 1 have much to communicate to you 
which will supply ample subject for more letters than one ; the task 
we have undertaken is an arduous one, but we must go through with 
it ; the able manner you began the work gives me great hopes that 
you will bring it to prosperous issue. 

Believe me to be with high esteem and regard, 
Most sincerely yours, 

f ALEX. MACDONELL, Ep. R. 



Glengarry, 1st December, 1830. 
Very Rev. and dear Sir, 

Along with this you will receive a copy of my man- 
date to the Rev. Mr. Crevier, and to J. Bap't Baby, Esq. approving 



36 



Evidence of 



of the resolutions entered into at the meeting held in your presence 
at Sandwich, of the Curate and Church Wardens of that Parish, on 
the 3d of October last, confirming the appointment of the Commit- 
tee nominated on that occasion, and ordering them to proceed im- 
mediately to the discharge of their duty. If you think proper to 
forward it to Mr. Crevier to convince him that 1 entirely approve of 
what you have done, aud thai you continue to act under my autho- 
rity I shall be well pleased. 

A copy of it has boon forwarJed to Mr. Crevier and another to 
Mr. Bap't Baby. 

A petition signed by a few of the Church Wardens and a num- 
ber of the Parishioners of Sandwich, praying to overturn what had 
been done at the meeting of the 3rd October last, befo.e you, and 
proposing another plan of their own, has been sent mo. On the 
perusal of this petition, the first idea Unit occurred to me was to re- 
turn an angry answer to it, but upon refl jction I thought it better to 
treat it with the contempt it deserved, aud to send no answer at all ; 
My approval of the former meeting, and my orders to carry the 
resolution of it into execution being in my own opinion a sufficient 
answer. Mr. Crevier's conduct towards the religious women at 
Sandwich has been every thing but what it ought to be, or 
might be expected from his clerical character and situation as the 
pattor of a flock. If you get out a patent deed of the lands grant- 
ed by the Huron Indians for the use of the Parish of Sandwich, in 
trust to the Bishop of the D:ocese and his successors in office, and 
to the Parish Priest of York, for the time being, and to Francis and 
Bap't Baby, Esqrs., that ground may easily be cleared then of 
carpenters and blacksmiths shops, and every other nuisance that 
can prevent the premises from the use for which the donors intend- 
ed them. It is indeed a matter of no small surprise that the busi- 
ness has been so long neglected, considering that there have been 
an Executive Councillor and a member of the Provincial Assembly 
both catholics, and both natives of Sandwich ; but a still greater 
mattei of surprise and chagrin is that the lot given by the late 
Bishop Burke for the use of the York Mission should, for the saving 
of a few dollars, be sold for the taxes, when our friend the Honor- 
able James Baby, our friend Alexander Macdonel Cullechie, our 
friend Mr. Bergin. and your friend Peter Macdougall, were on the 
epot. The speculative genious of the two last is too much upon 
the alert to allow such a chance as that to pass without their know- 
ledge. Ever since 1 have come to Upper Canada I have invaria- 
bly observed, that one Presbyterian or one Methodist would give 
himself more trouble to promote the interest of his religion than 
500 Catholics ; I am the more confirmed in the truth of this asser- 
tion, by the procrastinations and repeated suspensions of the deci- 
sion of the Council respecting the grant of the lot at the mouth of 
the River Trent. Had proper energy been applied at first the mat- 
ter might have been decided at once, but by delaying it, additional 
obstacles and d.fficulties have been daily conjured up. The Eng- 
lish clergyman of Bellvillehas held meetings and conferences with 
the Church of England clergyman of ihe Carrying Place, &c. 
Those charitable and disinterested members of the Established 
Church, not satisfied with one seventh of the whole lands of 
the Province, must draw up a petition to their Bishop? now at 



Dr. W. J. O'Gkadv. Sf 

Head Quarters to prevent the Catholics from obtaining a grant of 
this solitary lot at the mouth of the River Trent and His Lordship 
has assured those clergymen that there was not the least chance of 
our obtaining the Lot. — Hence all the changes and yacilating in 
the Council, and the important discoveries of its being one day a 
Church Lot, and another a site for a Town. 

Since the death of General Brock till the arrival of his present 
Excellency I had invariably found on incessant secret influence 
undermining and counteracting my efforts and exertions to contri- 
bute moril and religious instructions to His Majesty's Catholic sub- 
jects of Upper Canada. After receiving the Prince Regent's thanks 
for my own conduct in defence of the Province during the late war ; 
the Colonial Minister Earl Bithurst encreased my own salary, an d 
sent orders to the Executive Government of the Province to pay so 
much annually to a certain number of Catholic Clergymen and 
Teachers that I .vas to recommend ; but notwithstanding that those 
individuals had entered upon the discharge of their duty by my direc- 
tions, and that I produced the positive orders of Earl Bathurst that 
they should receive their salaries; yet Dr. Strachan and Justice 
Powell who under the nominal administration of Colonel Smith, Mr. 
Gore, and Sir Peregrine Maitland actually governed the Province 
till they quarrelled among themselves resisted the payment of those 
salaries in defiance of His Lordship's orders for seven years, and 
obliged me to take two journeys to Europe at no small trouble and 
expense. 

The liberality and manly vigor of Sir John Colborne's mind has 
kept our enemies at bny since the commencement of his prosperous 
administration, but bis great kindness to us is a sufficient cause for 
stirring the envy and the malice of tliose who would wish to keep 
us for ever in the back ground, and I am sure their secret machina- 
tions are in active operation in other matters. as well as in depriving 
us of the 'and? at the mouth of the Trent, and I am very certain that 
if you are not upon the alert and do not proceed with both vigour 
and prudence our Ppnetanguishine Mission will fall to the ground; 
and the aliowance made to the Missionary or Teacher of the Huron 
Indians at Afniierstburgh will be lost. I however still depend much 
on your active zeal, and the good intention and justice of Sir John. 

I have no words to express my indignation at the disgraceful con- 
duct of the two Missionaries of the Western District towards Fran- 
cis Baby, Esq. the most independent, the most upright, and I verily 
believe the most honest member that ever sat in the Provincial As- 
sembly of Upper Canada since its first formatior, and a Catholic ; 
to oppose such a man, and lend their baneful influence to support a 
deep designing enemy of their Holy Religion and of every sincere 
professor of it ! i ! Such conduct appears to me not only nvsclticv- 
Ous, malicious, and disgraceful but down-right madness, and would 
lead a person to believe that they themselves are really infected 
with the very crime which they impute to Mr. Baby. 

It requires however no ?reat sagacity to perceive that Mr. Crc- 
vier's hostility towards that genieman ii because he conceives 
hini a bar in the way of carrying into execution, his selfish views 
on the revenues of the Parish and the lands of the nuns. None 
can be more convinced of the injurious consequence of Mr. 
Crevier's very in proper conduct throughout, nor more determined 

h 



38 



Evidence of 



to let him feel the effects of it than I. Indeed it was ray inten- 
tion for some time past to remove him, and the only thing that 
prevented me was the difficulty of getting him replaced. ° The 
Bishops of Lower Canada are not much disposedto part with 
any of their clergy that they find useful for themselves, and those 
they would most readily part with would be the least useful 
to us. The tythes and casualties of the parish of Sandwich 
would be no doubt an inducement to a Canadian priest if those 
were found to be much greater than his own, but were they ten 
times greater than they are he would think himself perfectly justi- 
fied, and even authorised to apply the whole of them in entertaining 
his friends and enriching his family who seldom turn out the more 
respectable or the better christians for being pampered on the reve- 
nues of the church and the patrimony of the poor. 

I would be extremely sorry that the conduct of Messrs. Crevier 
and Fluet should be exposed before His Excellency, the Lieutenant 
Governor, and still more so before the Provincial Assembly first 
because the mischief already done could not thereby be remedied ; 
secondly because a recurrence of a similar evil may easily, and ef- 
fectually be prevented without resorting to such a measure, and 
thirdly because very many of the members of the Assembly who 
are inveterate enemies to our holy religion and most anxious to be 
furnished with all the weapons they could against it would not fail 
to seize upon such transactions as took place at Sandwich at the 
last Election, and turn them to our discredit and disgrace, and it 
would be difficult to calculate on the consequences. You will be 
pleased to inform me how soon you will obtain the Patent Deed of 
the Church land in Sandwich and in the mean time I shall do what 
I can to procure a religious woman to join those already there. I 
applied to the Congregation Nuns some time ago but they would 
have nothing to do^vith that Institution without they got the land 
and the whole establishment for themselves without any regard to 
ths poor individuals that had commenced it and had already under- 
gone so much sufferings and privations. I shall hope however to 
be more successful in some other quarter and meet with more disin- 
terested zeal for religion. What a pity we could not prevail on 
gome of the noble hearted and heroic daughters of St. Patrick to 
cross the Atlantic and communicate a spark of the love of God, and 
holy zeal for the religion of Christ which filled their own hearts to 
the hard and selfish mind of some of our Canadians of both Pro- 
vinces. 

I request to know the time that the lot. of land granted by the 
late Bishop Burke to the mission of York was sold for the taxes, 
and the person who bought it. Whatever documents I have or can 
procure to prove tiie legality of our right to that property shall be 
forwarded to you. 

Please to accept of my most sincere thanks for your kind 
and friendly offer of quarters under your hospitable roof dur- 
ing my projected visit to York this winter. In truth I ought 
to be ashamed of all the trouble I have given you and 
your brother's excellent family aii the times I have, been at York 
since you came to it. If I be called thither ex officio, I shall go 
but not otherwise. For besides the fatigues of so long a journey, 
the precarious state of the weather, and want of accommodation 
in this inclement season of the year I find my funds so completely 



Dr. W. J. O'Grady. S3 

drained and myself so much involved by educating boarding, and 
clothing seven or eight ecclesiastics for so many years at my own 
expense without the smallest assistance from any other quarter ex- 
cept the few pounds that you have been remitting to the two of 
them that have been teaching here, that I could hardly command to 
day what would defray my travelling expenses to and from York. 
I have been obliged to discharge the Canadian ecclesiastic that I 
had employed for five or six years back in teaching theology, and 
taking upon myself the task of giving lectures to my young peo- 
ple and of attending morning and evening Rel'gious exerc'ses. 

If I cannot make them profound Theologians or highly educated 
Priests, I trust they will turn out by the grace of God pious and 
zealous Missionaries, with as much knowledge as will enable them 
to discharge the duties of their calling with credit to themselves 
and advantage to their flocks. 

I sent up by Mr. Mican of Niagara three Missals one for Mr. 
Gordon one for Mr. Culien and one for Mr. Brenan and I shall 
take up a couple of Chalices and a Cibohum with me when I go up 
myself to be disposed of where they shall be wanted most. 

I am thinking to call a meeting of my Clergy and to lay before 
them many matters that appear to me necessary for the propagation 
of our holy religion, the uniformity of church discipline, &c.&c. and 
I would be obliged to you by letting me know your opinion where 
such a meeting should take place who should be called to it, and 
matter that should be d ; scussed at it? 

The Post comes but once a week this way and this letter has 
been by mistake omitted to be sent along with the mandate to the 
Incumbent and Church-Wardens of Sandwich which I sent to 
you, but as two copies have been sent to that Priest I shall defer 
taking harsher measures until I learn what effect that instrument 
may have. 

I beg you will be so good as to offer my kindest regard to your 
brother and Mrs. O'Grady, and the dear little Brazilians. 

And believe me to be, with high esteem and sincere regard, 
Very Rev. and dear Sir, your very humble and devoted servant in 
our Lord Jesus Christ, 

f ALEXANDER, Regiop. 
To the Very Rev. Win. J. O'Grady, V. G. 



Glengarry, 26tk January, 1831. 
Very Rev. and Dear Sir : 

Your valuable and much esteemed communication of 
the 9th current came to hand by the last post. I am charmed and 
delighted with your successful exertions in promoting the sacred 
cause in which we are both embarked, and I never cease thanking 
the Divine Goodness who in the decline of my health and mental 
faculties has been graciously pleased to send me so zealous and so 
powerful a co-operator as you have already proved yourself to be, 
in this infant portion of Our Lord's vineyard. What you are plea- 
sed to call a mild sway others may perhaps call weakness and 
imbecility, but we have always made it a principle of action never 
to resort to extremities until the nature of the case rendered coercne 
measures necessary. There is a point beyond which indulgence 



40 Evidence of 

and forbearance cannot be carried, without swerving from duty" 
and betraying the Bacred trust committed to our charge ; the Rev. 
Mr. Crevier having ac length driven us to that point shall find us 
as firm and determined in the execution of our duty as we had 
been reluctant to adopt harsh measures while there remained 
any hope of milder ones sufficing. In my last letter I trust you 
would find my orders and instructions regarding Mr. Crevier sufiL 
piently ample. 

"When you get to Sandwich, and shall have arranged the most 
important part of your business there t you will send tor Mr. FJuett 
and make such arrangements with him as you may find expediei.t, 
after having taken all the necessary informations respecting his 
different missions of Amherstburgh, the River Thames, and Bal- 
down. You are at liberty to fix his residence at either of the two 
first places where you will judge it most conducive to the good of 
religion, but! think Amheratburgh ought to be his principal resi- 
dence. 

It gives me heartfelt pleasure to find you so well satisfied with 
the few clergymen I have been able to send under your jurisdiction 
and control. 

The greatest satisfaction that I can enjoy in this life and I may 
say the only one is hearing of the good conduct, and well doing or 
those ecclesiastics I have been struggling to educate and train 
up for the sacred ministry. Although not profound theologians 
nor deeply versed in abstruse sciences, I trust they will be guided 
by the influence of a true apostolic, spirit and prove sufficiently ca- 
pable to afford the necessary moral and religious instructions to. 
those under their spiritual directions to secure their eternal salva- 
tion. 

The zeal and activity of the Catholics in the townships mention- 
ed in your letter in co-operating with the Missionaries in building 
churches, and diffusing the sacred principles of our holy religion 
is no small addition to my consolation and comfort on this occasion ; 
but the credit of their conduct, and of the wonderful progress of 
the good work, is next to Divine Providence due to you whose ju- 
dicious plans and wise regulations they only carry into execution. 
I have three more ecclesiastics now in the third year of their theo- 
logy, one of these I find necessary to retain about myself, the other 
two I could spare and would be glad to send you one of them if 
you wished it, but Mr. Campion has taught us not to make them 
too soon their own masters, and, therefore, for the future no clergy, 
xnan shall have charge of a mission until he be one or two years 
under the surveillance and command of an elder missionary. 

I admit the justness of your observation in reference to the Rev. 
Mr. Fluet, but I trust you will do your utmost to preserve the pen- 
Fion for the teacher of the Indians of Amherstburgh whether it be 
Mr. Fluet or any other you may settle in that place. 

I hereby give you full and ample powers to make the exchange 
required with our excellent friend Colonel Allan between the land 
in Wilmot and in Guelph, and I shall be ready to sign any instru- 
ments that mny be nccecsary when I get up to York. I feel ex- 
tremely happy and return you many thanks for obtaining the patent 
for the lands granted to the nuns and Parish Church of Sandwich. 
So far from accusing you of inertness, or inactivity that I feel in= 



Dr. W. J. O'Guadt. 11 

debted to you and give full creel. t for all the acquisition that tins 
Diocess has made since you have been at York, which m more thau 
was done for the whole time previous. Your Petition for the Lot 
at the mouth of the River Trent I very much approve of as an en- 
ergetic, respectful, and a ver) r spirited one. from the shuffling ana" 
unmanly conduct of the Council in this affair, you will now he 
convinced uf the truth of my assertion that a secret influence is 
constantly at work to arrest the progress of the Catholic Religion 
in this Province. It affords me much gratification that you have 
so wonderfully advocated the cause of cur friend Mr. MacCuniff. 
It is true enough, that several of the Magistrates of Kingston arc 
afraid of him and have good reason to be so v because were he to 
expose the very improper conduct of some of them which he lias 
in his power to do, they should never sit upon a Magisterial Bench 
in Kingston or elsewhere, and His Excellency needs not dread a 
deficiency of as worthy and as able characters to fill the Bench of 
Magistrates in Kingston as those who threaten to resign in the 
event of McCuniff's appointment. 

The truth is there is an Augean Stable to clean out in Kingston, 
and perhaps the sooner the work is done the better.. 

I return you my most grateful thanks for your kmd an*} generous 
suggestion of applying the proceeds of the lot of land near York to 
the liquidation of my debts; but although upwards of five thousand 
pounds behind hand between the new Church of this Parish and 
other Churches with the expenses of supporting my Ecclesiastics 
and other outlays for religion I am unwilling to appropriate any of 
the small property given for the use of the Church as long as I can, 
in full reliance that his Divine Majesty for whose honor and glory 
J have involved myself in difficulties will in His Gracious Good- 
ness extricate me out of them. I shall do cvnry thing in my 
power to obtain as soon as possible the documents you desire iu 
reference to the lot above mentioned. 

I send you herewith the distribution for the half-year from the 
1st of July to the 31st December, 1830 ' and give you permission 
to alter it to a certain extent if you think that by doing so it wil 
afford more general satisfaction." 1 

Our friend Mr. Fraser who has made a very decent competency 
by his sayings and speculations in Kingston does not appear to me 
entitled to a. quota. Your confrere the V. G, of Kingston has been 
a good deal out of pocket in improving the Church and Presbytery 
without any prospect of being refunded, the Rev. Angus M'Donell's. 
quota lias been increased at your own recommendation] and for very 
cogent reasons. There will remain a small surplus of j£20 sterling 
which you can keep in your own hands in the mean time, — there 
ought to be some fund established to meet contingencies. Your tra- 
velling expenses to Sandwich must be taken out of some place. 

It is my intention to have a meeting of my Clergy at Kingston aa 
soon after the Easter holy days as possible to put the affairs of the 
^iocess on a more regular footing than they have been yet. We hava 
much to arrange then, and it will require the united wisdom and ex- 
perience of all to concert and adopt plans the best adapted to pro- 
mote the interest of our holy religion. 

I shall be much obliged to you by hearing from you on receipt of 
this, and informing me the precise time you will start for Sandurich, 



48 Evidence of 

likewise if you are desirous that I should send you any of my Eccle- 
siastics, but you must not forget that I would not wish to entrust 
htm with the charge of a mission, but only to serve under a Clergy- 
man of greater experience for one or two years. 

I expect to go to Montreal soon to procure the necessary docu- 
ments respecting the lot of land bequeathed by the late Bishop Burke 
to the mission of York. 

With most respectful compliments to your brother and Mrs. 
O'Grady, not forgetting my dear little Brazilians. 

I remain with warm and sincere regard, and very high esteem, 
Very Reverend and dear Sir, your most obedient, 
And very humble in Our Lord J. C. 



t ALEXANDER M'DONELL, Ep. Regiop. 
\V. J. OT 



To the Very Rev. W. J. O'Grady, V. G. 



TUESDAY, Fsbruary 10th, 1835. 

JAMES KING, Esq., Barrister at Law, called in and 
examined. 

227. Have you a copy of the petition of the churchwardens 
of the Roman Catholic Church in this city presented to His Ex- 
cellency previous to Dr. O'Grady's departure for Rome ? — I have 
not. 

228. Have you any recolloction of a petition by the Rev. Wm. 
Fraser of St. Andrews, to His Excellency Sir Peregrine Mait- 
land, complaining that lie had not for some yeais received the al- 
lowance made to him by His Majesty as a clergyman of King- 
ston? — I copied the petition for him — it was afterwards signed by 
him and laid before His Excellency in Council. I understand 
that Bishop M'Donell and Mr. Fraser compromised the matter 
afterwards. The sum allowed Mr. Fraser, as he stated to me, 
was JCIOO per annum. 

229. Do you know of a petition presented by the Rev. Angus 
McDonell and the Rev. Wm. Fraser, to the Lieutenant Governor, 
complaining of the undue distribution of the allowance from the 
Colonial Office? — In the memorial of the churchwardens to His 
Excellency we prayed for a copy of that petition, as we under- 
stood it to contain a charge of peculation against Bishop 
M'Donell. 

230. Was it refused? — His Excellency's answer was, that the 
original petition was sent to Bishop M-Donell, and that it was not 
yet°returned, but he had written for it. We never got the copy, 
nor heard of it since. 

231. Were you a petitioner to the House of Assembly last 
Session complaining of the misapplication of the public monies 
granted to the Roman Catholic Clergy and School Masters?— I 
was. Upon a motion to refer it to a Special Committee of enqui- 
ry, the House refused to commit it. It was signed by the Romau 
Catholic Laity generally, at least by all who were applied to. 
The petition complained ia the fust place of His Majesty's supre- 



James King, i 43 

maey over the Church — of tythos payable to the Roman Catho- 
lic Clergy — of tlie misapplication of £1000, sterling, granted for 

the support of the Clergy Schools — that no Roman Catholic 
School-house had been erected in this city. And verv few, if 
anv in the Province — the petitioners further requested immediate 
enquiry into the appropriation of £1000, and the abolition of all 
pensions and sinecures payable to the Clergy — an additional alle- 
gation was, that there were few, if any, Catholic Schools in the 
Province. 

232. Do you know what Roman Catholic Schools have been 
established from the proceeds of the Royal bounty ? — I have ne- 
ver heard of any in the Province. 

233. What reason had you for believing that the £1000 was 
misapplied? — The Rev. Mr. O'Grady was parish Priest at this 
place. He had the distribution of a part, or the whole of the 
distribution, under the Bishop's order. He shewed me a check 
in Bishop 3I'Donell's favour for £40 on the Bank, which he said 
was to pay the Bishop's travelling expenses to and from Sand- 
wich. I was aware that this was a misapplication of the funds. 
There was another case. I understood that Mr. Angus M'Donell 
the Bishop's nephew, got his share of the Government appropri- 
ation, (although it was refused to Mr. Crevier, whom the Bishop 
removed,) on the supposition that his tythes were sufficient for 
his maintenance. Alter Mr. M'Donell's removal to Sandwich — 
After Mr. Crevier was removed he spent the winter with Bishop 
M'Donell, who gave him a check for a portion of this money, al- 
though he, Mr. Crevier, was not in charge of any parish. With 
regard to the mal-appropriation, I was one of the Committee 
appointed at an adjourned meeting convened by Bishop M'Donell, 
to enquire into and report upon the state of the Roman Catholic 
Religion in Upper Canada. The Rev. Lawrence Dempsey gave 
in evidence before us, that he was obliged to sign receipts to Bishop 
M'Donuell in the capacity of Schoolmaster, for monies he never 
received, and that he never was a schoolmaster. The Rev. Mr. 
Gordon's evidence was a corroboration of Mr. Dempsey's. Mr. 
Gordon is now officiating clergyman at Niagara. It was given in 
evidence that a quantity of Sacred Vestments and Church Plate 
had been presented by Cardinal Weld for gratuitous distribution 
amongst the Clergy of the Province, and that they were sold to 
those Clergymen by Bishop M'Donnell, who took their notes and 
stopped the amount out of the Government appropriation. I 
was a member of the commission appointed by the Roman Catho- 
lic congregation of the Parish of this city, who enquired among 
other matters into the application of £250, sterling, paid by 
Government for Roman Catholic Schools, as a part of the annual 
grant to the Clergy. Doctor O'Grady gave the following evi 
dence before us "that when the Rev. Mr. Cullen was ordained 
into the priesthood, he declared to him (Dr. O'Grady) his readi 
ness to testify on oath, that he never acted in the capacity of a 
school master, and moreover that he was forced against his will 
and conscience by the Bishop to give him receipts formonies thai 
were never paid him, either as being such alledged Schoolmaster 
or otherwise." 

{The Witness withdrew.) 



u 



Evidence op 



COLONEL ALEXANDER CTIISIIOLM, M. P. P 

in und Examined. 



Ihd 



234. How many Justices of the Peace are there in the County 
you represent, and how many in each Township . ? — A new Com- 
mission has been f issued since I left Glengarry. When I left 
home there were nine Magistrates resident in Charlottenburgh — 
tliree in Lochiel, one in Lancaster; but none in Kenyon. 

235. Are the Justices of the Peace resident in your County 
chosen exclusively from one party in politics, or indiscriminately 
from respectable men entertaining Various political opinions ? — 
I am not aware that the appdiuttnenis were made with reference 
to the political Opinions of the persons appointed. 

230. Are men chosen to fill the Commission of the Peace, 
arid the offices of the district who have been long resident in it, 
or are strangers more generally preferred ? — I cannot answer tlnft 
question positively. 

237. What Bank ndtes hare the greatest circulation in your 
district? — 1 caiihot say ; I expect there are as many Lower Ca- 
nada Hank notes as any other. 

238. What is the state of the roads in your District ? — ■ 
Bad. 

239. Are the cbm'm'on schools in your District sufficiently 
numerous and efficient for the wants of the country ? — They are 
numerous, but not efficient. 

240. Do you think the Lieutenant-Governors, of themselves, 
possess a sufficient knowledge of the inhabitants of the several 
districts to enable them to select judicious persons as Justices of 
the Peace ? — I should think not. I am rather of opinion that 
the new Commission was issued upon the recommendation of the' 
lute members of Assembly. 

2 41. Has any inconvenience resulted in your district from the 
selection of voting places at Elections, and what places would 
you recommend for ydtir county ? — I am of opinion that two poll- 
ing places would be best. The two most central places, in my 
opinion, are WilliamstOAvn and Alexandria. 

242. Have the moniesarising from the sale of vild lands for 
assessed taxes, or from payment of such assessments on these 
lands been prudently expended by the Magistrates in your Dis- 
trict ? — I rather think that such parts as the law requires to be 
applied on the roads has been prudently expended. I, as a Ma- 
gistrate, recommended that the remainder be applied towards 
paying the expense of erecting the Gaol and Court-house, in- 
stead of which, it was applied to Government purposes. 

243. Is it just to the Baptists, Quakers, Menonists, TunkardsS 
Independents, Seceders and other classes of Christians, whose 
spiritual teachers, receive no share of the public revenue, for 
their religious services, that the Clergy of the Kirk of Scotland, 
the Catholic Bishop and Clergy, and the Methodist Ministers 
should, without the sanction of the Legislature, have a bounty 
paid to them for their performance of their religious duties? — 
My opinion of that is, that no particular sect should be required 



Col. Alex. Chisiiolm, M. P. P. 45 

to contribute to the maintenance of any others — that all should 
be supported by contributions from their own particular Congre- 
gations. If this money be given with a view of facilitating our 
way to the other world, I think each denomination should pay 
for the salvation of their own souls. 

244. The Committee understand that large grants of valuable 
cleared lauds have been made of late to Clergymen of the Church 
of England for Glebes, is this so within your knowledge? — No. 

245. Do you know if the sum of £6000 of the public monies 
(in the hands of Bishop M'Donell) being lent to the House of 
Maitland, Gardner and Auldjo ? — Only by report. 

246. What Schoolmasters did the Bishop bring from Europe ? 
— Four, Mr. Hammond, Mr. Murdock, Mr. M 'Donald, and Mr. 
M'Pherson. I think the latter came from the West Indies. 

247. From what funds were they paid? — I cannot tell. I un- 
derstand that £100 is allowed for each of them by government. 

248. Did they teach School 1 — Three of them taught school 
in Gleugarry for some time. One of them taught a common 
school. 

249. Are there any Catholic School Masters now in Glengar- 
ry, paid out of the Government appropriation to such teachers ? — 
I am not aware that there are. Bishop M'Donell paid the School- 
masters referred to in my former answer. It is more than five 
years since they left. I am aware that the Bishop has been occa- 
sionally giving the Common School Teacher at Alexandria some 
money. I know that he had paid him in all £18 — this was about 
a year or two ago. 

250. Out of what funds did the Bishop build the Chureh at 
Raphaels? — I have never seen the accounts, though a member 
of that Church — I have heard a good deal of entreaty made by 
the Clergy for persons to come forward and assist in getting up 
the building. J had no personal concern with the buiidn g of 
the Church myself. 

251. W r as there any government grants towards building that 
church ? — I have no certainty that such was the case. 

252. Does the Bishop exact tythes from the Catholics of 
Upper Canada? — In Glengarry, the clergy exact tythes, under the 
authority of the old French law. 

253. Are there many members of the Church of England in 
Glengarry ? — There are very few, I scarcely know a family, but 
there are 33,000 acres of land set apart for their clergy. 

254. Are there many Catholics in Glengarry ?— 1 think that 
the County is about equally divided between Catholics and Pres- 
byterians. 

255. Are you acquainted with Mr. Gillivray ? — I was acquaint- 
ed with him. 

256. Are you aware that he was p.gent for the Bishop in the 
collection of notes due for tythes and marriages? — I saw a man 
pay him money on behalf of the Bishop. 1 do not know what 
the note was for. 

257. Whirt is the general charge for marrying ? — Between tw« 
and three dollars. 

258. Did you ever hear that the sum of £25 was ever charged 
Assem. No. 21. M 



46 Evidence or 

for marriage ?— No. But during the building of the Chnreh. I 
kave heard instances of persons signing notes for £25 towards do- 
fraying the expense of the building. 

259. Did it ever come within your knowledge that the cattle, 
rows, and chattel property of persons subscribing to the Church, 
were sold to pay their subscription ? — Yes. 

260. In what circumstances were these men who were called 
upon to give their notes for £H5 towards building the Church ? — 
Generally farmers. 

281. Were any labouring men who were not freeholders, call- 
ed upon to pay this sura ? — I heard of several young men giving 
their notes, without any reasonable prospect of paying. 

262. Was this £25 ever demanded except from persons getting 
married ? — Yes. It was the general average towards paving for 
the bmWitig the Church. 

263. Are you aware that Catholic School Houses have been 
erected, or Catholic School Masters. maintained out of the funds 
provided by the Government ? — There was a School House erect- 
ed at St. Raphaels, but I cannot say from what funds. I am not 
acquainted with what has been doue in other parts of the Pro- 
vince. 

264. Does nof the inequality of 'he system of taxation of rate- 
able property, cultivated and uncultivated, afford just grounds of 
complaint on the parr of the people ? — I do not think it does, as 
far as Glengarry is concerned. 

265. Have not the resident settlers by the improvements they 
}iare made, and the House of Assembly by its liberal grants for 
Roads. Bridges, and in aid of Inland Navigation, given to th« 
puddle Lands their greatly increased value as compared with 
1792 ? — I should suppose r -o. 

265. Ought not the revenue arising from these lands to have 
been applied to the liquidation of the war claims, instead of in- 
creasing the public debt and duties on imports for that purpose ? 
— I think that the wild lands should be at the disposal of the Le- 
gislature, to be applied to such purposes as they should consider 
best. 

2-''-7. What has been the effect produced in your County by 
the s?de of Wild Lin-is for arrears of taxes-? Such as have 
lost their lands feel dissatisfied. 

S65. Has the effect been to divide property, or to accumulate 
it into the hands of a few individuals? — I could not say, untif I 
could see how much each individual has. 

269. Would not the British Constitutional system, by which 
the head of the government is obliged to choose h.s councillors 
and principal oncers from among men possessing the confidence 
of the popular branch of the Legislature, be more suitable to the 
wants and wishes of the country, if adopted in Upper Canada, than 
the present irresponsible mode of porernmeut ? — I think if the 
Legislature and Executive would pull oneway it would be best. 

270. What check would von propose on having partial and in- 
pud>cion>3 legislation in England, affecting the commerce, and 
thro j gait the general interests and property of this Colo:.} ? — 



Cou Alex. Chiiholx, M. P. P. 47 

I think that such matters might be left to the wisdom of the Le- 
gislature of this Province. 

271. Ought not the whole public revenue to be paid in the 
gross into the exchequer or treasury of the Colony, and the 
proceeds applied only according to law ? — I think so. 

272. What check has the House of Assembly on the other 
branches of the Government as a means of preventing executive 
usurpation of popular rights . ! — I should think that the' other 
branches care but little about the Assembly stopping the supplied 
while they exclusively have the control of the Casual and Terri- 
torial Revenue. 

273. Another subject of complaint is the continual stoppage 
of the bill for the more equal division of Intestates' Estates, is 
the passage of that measure desired in your county ? — I do not 
know that the county have expressed any Opinion on that subject 
except in the petitions of 1881. My own opinion is, that parents, 
if they have children, society looks for them to support them, 
equally, and not leave them a burthen on society. 

274. Many complaints are made that the Judges and Clergy- 
men of the Church of England and Rome hold seats in the Le- 
gislative and Executive Councils ; are not such seats incompati- 
ble with their spiritual and judicial functions } — I think that with 
regard to clergymen they have enough to do in their spiritual de- 
partment. 

275. Do you consider the Canada Company a benefit or an in- 
jnry to the Province. Are not the grants or sales of Land t» 
this company of speculators residing in Europe an improper 
transfer of the functions of the Government 1 — I think so, I think. 
it is better there should be no agent in the shape of a land com- 
pany between the Governor and the Emigrant. I think the Ca- 
nada Company injurious because whatever money is paid to the 
company is taken from the sum which might have improved his 
farm. I think it is better to raise taxes from improved property 
than to lay them as a weight upon the original settlers — that after 
persons have made themselves comfortable they are then to con- 
tribute to the necessities of society. 

276. What are your objections to an Elective Legislative Coun- 
ciL, and what are your objections to the Legislative Council as 
now constituted 'I — I have not given sufficient consideration to the 
subject to know how it could be improved. 

277. Do you not consider the custom of pensioning the judge* 
to a large annual amount, by orders from the Colonial Office, 
out of the Upper Canada Revenue, and without reference to the 
Provincial Legislature, destructive of the independence of thg 
bench in a great measure] — I should think it much better to 
regulate their retiring pensions by law, having reference to the 
extent ot their services. 

278. How can a bench of judges dependent on the Coloni.l 
Office for their customary retiring pensions, and independent of 
the House of Assembly, act impartially between the parties iu 
eases where a collision may arise between the Legislative ano Ex- 
ecutive Departments in this Colony, or between ths B.itish St*- 



48 



Evidence of 



tutea and the Provincial Laws. — I think human naturs has a lean- 
ing to the hand that feeds it. 

279. Ought not those persons who advise His Majesty in hii 
appointment of fit persons to fill the judicial bench to be respon- 
sible to the country ? — I think so. 

280. Aie you of opinion that the Chief Justice or any of the 
Judges ought to sit in the Legislative Council? May not the 
Judge be called on in his Legislative capacity to pass opinions and 
«nact measures of severity against the individual whom afterwards 
he may be called upon to try as a Judge in the Courts ?— 
I think that a Judge having given his opinion once, should not 
ait a second time on the same case. 

281. What fees were charged by Sheriffs on the sale of wild 
lands for taxes in your district ? — Only seven shillings and six- 
pence currency, and free deeds afterwards given by the Sheriff. 

282. What objection can be urged against a fair and equal re- 
presention of the qualified Electors in the House of Assembly ? — 
Why should four townships in one part as a county, with 4,000 
inhabitants send two members, and five or six in another part, as 
a riding with 15,000 send only one ? — This arrangement being 
based neither on extent of territory, property, nor population ?— - 
Population and territory 1 think should be the basis. 

283. Does not avast annual additional expense fall on the Pro- 
vince owing to the continual rejection of bills of a general char- 
acter sent up by the House of Assembly, rejected in the Legis- 
lative Council, and again introduced, debated and sent up by the 
House of Assembly ? — I cannot say what bills, have been sent 
but the tendency of continually refusing bills must create addi 
tional expense. 

284. In what way can the popular branch of the Legislator 
influence the Government so as to secure the appointment oi 
proper persons as arbitrators to decide each four years on tha 
proportion of revenue coming to Upper Canada from duties 
levied at the port of Quebec ? — They could only recommend an 
arbitrator by the resolution of the House of Assembly. 

285. What becomes of the Clergy Reserve monies vested in 
the British funds? — I cannot tell. 

286. Are Grand and Petit Jurors summoned with perfect fair- 
ness in your district ? — I think so, for I have at different times 
been observing the Sheriff in cases when I supposed he had a 
feeling ; and I could never discern the least appearance of par- 
tiality. 

287. Do you think the local knowledge possessed by the Lieu- 
tenant Governors of this colony fully sufficient to enable them to 
nominate independent men otherwise well qualified to the office 
of Legislative Councillors? — I think that a good deal depends 
upon the information they get from others. 

287. The Vote by Ballot in Elections is prayed for in many 
petitions both to the Assembly and to his Majesty — What is your 
•pinion of this mode of voting ? — I am in favor of that system ef 
voting. 

(Tht Witness withdrew.) 



Rev. A^tfs McDonell. 49 

REV. ANGUS McDONELL, Cure or Sandwich, called in 
mnd examined. 

286. Has there been at any time, within yonr knowledge, any 
one schoolmaster residing and teaching in this city, who received 
any salary, or portion of the appropriation given to Catholic teach- 
ers, for his services 7 — Yes, John Sawyer, or Seers; he received 
within my knowledge about £26 per year for teaching in this 
place. 

269. How long since he taught in this place 1 — I cannot tell, 
but, I saw the money paid to him last winter. I think there n 
another teacher now in his place who will receive the money. 

290. Have you any knowledge of a person named John Butler 
having received any portion of it, under the pretext of his being 
a schoolmaster 1 — No, I do not know any thing of it. I know Mr. 
Bailer, but do not know that he has received any government 
money. If he has received money, it was not received in the capa- 
city of a schoolmaster. 

281. Was he, Butler, bona fide a schoolmaster coming within the 
intention of Earl Bathurst's despatch authorising Bishop McDonell 
to apply one-fourth of His Majesty's bounty for the clergy to the 
payment of schoolmasters ? — Mr. Butler might have received some- 
thing at one period as a schoolmaster, because he taught school at 
one time here in this town. 

292. Have you any knowledge of the Rev. P. McDonogh having 
at any time refused to receive his portion of the government ap- 
propriation, and if so, what were his stated reason or reasons !— « 
No, I believe he always received hie share of the government al- 
lowance. 

293. Have you any knowledge of a sum of £900 sterling, or 
any other sum or sums, having been received by Bishop McDonell 
or any other person on his behalf, from His Majesty's Government 
or the Local Government, for any ecclesiastical or other public 
purpose ; and if so, state how the same has been applied ? — I un- 
derstood there had been £900 received for the erection of churches. 
As to the manner in which it was appropriated I cannot give an 
exact account, but I know that ,£300 has been applied towaree 
finishing the Church at Glengarry — £150 to put an addition to the 
Church in Kingston — £25 to the Church at Loughborough — £35 
to the Church at Camden — 1 believe £40 to the Church at London 
— and about the same sum to the Church at St. Thomas' — I think 
it was £100 to the Church at Niagara, and about the same amount 
to the Church at St. Catharines — and I believe it was £100 to the 
Church at Peterborough — £90 for the erection of the new Church 
at Amhcrstburgh — the rest has been divided between the different 
missions, but 1 do not know in what proportion. 

294. In whose care was the money expended on the Church at 
Glengarry placed 1 — In the hands of commissioners nominated, I 
believe, by the Bishop — they were Col. Alexander Fraser, Hugh 
McGillis, Esq., and the Right Rev. Remigius Gaulin. 

295. Was £100, expended on the Peterborough Church, receiv- 
ed as a donation from Cardinal Weld? — The money has been sub- 
scribed but not drawn. 

2G6. Did you ever present a petition either by yourself individu- 



50 



EviDENCS OF 



ally or in conjunction with any other, and with whom, to the hoad 
of the Executive oi this Province, complaining of the mal -appro- 
priation ot" certain monies placed at Bishop McDonell's d;spo?nl 
for ecclesiastical or other public purposes ? — I never presented 
any petition myself, or in conjunction with any other person, com- 
plaining of mal. appropriation bv Bishop McDonell of any tu i:s of 
money received by him which could com*} under the control cf the 
Provincial Parliament. 

297. Did you present to the Lieutenant Governor »ny petition, 
at any time, complaining that monies which hod been placed ;n the 
Bishop's hands for ecclesiastical purposes, had been misapplied? — 
No, 1 never did. The petition I presented w;«.s merely enquiring 
what sums of money had been paid by the British Government for 
me, from period to period. 

298. Have you a copy of that petition ? — I have not a copy here. 

299. What was the reason that Mr. Crevier was removed from 
Sandwich 1 — I do not know. 

300. Do you know of any sum of money lodged by Bishop McDo- 
nell in the hands of Maitiaud, Garden and Auldjo, the appropriation 
of the Imperial Government for schools and for ecclesiastical purpo- 
ses ! — The Bishop, when in England, received a 6um of from 
X2.000 to £3,000, which he lodged in the house of Maitland, Gar. 
den and Auldjo, because he was then on his way to Rome, which 
house failed before the Bishop's return to the country, and the 
Bishop has been compelled to pay this money out of his own pri- 

vste funds. 

SOI. Are you aware that one-fourth of the nnnunl appropriation 
made in England is for the support of schools? — No, but the Bi- 
shop has discretionary power to appropriate one-fuurlh of the annual 
appropr ation to the support of schools. There are some schools 
in the Province partially maintained from this bounty. 

$02. Is it just to the Btptists, Quakers, Menonists, Tunkerp, In- 
dependents, Seceders, and other Christians, whose spiritual teach- 
ers receive no share of the public revenue for their religious servi- 
ces, that the clergy of the Kirk of Scotland, the Catholic Bishop 
and Clergy, and that the Methodist Ministers, should, without, the 
eanction of the Legislature, have a bounty paid for the performance 
of their religious duties ? — It depends altogether upon the opinion 
of the Government. 

303. Would it not be desirable that the Clergy and Crown Re- 
serves and all reservations of land, otherwise than for education, 
were disposed of for public purposes, under the control of the Le- 
gislature 1 — I think it would be desirable. 

304. The undue preferences and exclusive privileges granted to 
certain religious denominations are much complained of; would it 
not tend to strengthen good government if they were altogether 
abolished? — I am not aware of any undue preferences, except the 
Clergy Reserves, which are a real grievance in the country. 

305. Are you of opinion that clergymen of any denomination 
ought to have seats in the Legislative Council, or that such seats 
are compatible with their spiritual functions] — lam decidedly of 
opinion that no clergyman of any denomination should hold a seat 
either in the Legislative or Executive Councils. 

203. Are the Common Schools in your District sufficiently nu- 



T. D^JLTON, Esq. 51 

m^rou* and efficient for the want* of the country? — Tb*y nre not, 
1 think thr sale of the Clergy Regervep, ff appropriated to Educa- 
t on, would afford sufficient fund for the support of common 
■e! nnls. 

307. What isyou opinion of the py^t^m of District Schools in 
- Canadi ? — I he'' eve in ur>st cise-i tiny tin a nuisance; I 
I think that if the .€100 would bo d'V'ded anions four common 
schoo's it would tend more f »r the benefit of the country. 

SOS. What tythea are genera ily exacted abont Glengarry or 
S\.;d\Vich ? — The twenty-sixth bushel of ^rain only. 
The Witness withdrew. 



TBQMAS D ALTON, Esq. Toronto, called in and ex- 
amined. 

309. Ave you the proprietor of the Patriot newspaper! — I 
am; the sori«s commenced in November, 1829. 

310. Wha^ postage did you pay in 1830 and 1831 T— I paid 
while I puhli.Hjtl in Kingston about £12.5, this was to the 
end of 1832. 

311. Is the return correct which states you to have paid in 
1829 £3 ; in 1830 nothing ; and only £6 in 1831 ?— It is not 
correct. 

312. WliRt might be the amount pakl during these years? — 
I think 70 or £80. 

313. The Kingston Chronicle is enterned in this Return as 
paying £l0 a- year; is I Hat a fair return 1 — I should not sup- 
pose that they ever sent so few as 58 copies. 

314. Do you know any law under which newspaper postage 
can be collected in Upper Canada as a perquisite to a Post- 
master 1 — No ; I do not believe they pretend it is by law, but 
by an order of the Postmaster* General, and given as a per- 
quisite to his deputy, as I understand. 

315. Are not the Letter Postage rates, where they exceed 
Is. 3d. currency, on a single lener, (which is the maximum 
f>r the greatest possible distance in the United States) injuri- 
ous to trade and unnecessarily nurthensonie on this commu- 
nity ? — I have always thought the postage from here to Eng- 
land as enormous. 

317. How would you recommend newspaper postage to be 
collected t — I think it ought to be collected from the party re- 
ceiving the newspa 

318. Do you think that newspapers ought to be subject to 
po^taee ? — I do for the reason that it is a valuable service 
performed to the person receiving the paper, with the ex- 
pense of which, tiie public ought not to be burthened ; be- 
cause it would be taxing the poor to aiaimain the rich. 

319. What rate of postage would ywu recommend oft news- 
; \ era I — Not more tfcan a half-penny per sheet. 

(T,\f Witness icitharetr.J 



52 



EviDMXCK OF 



"WEDNESDAY, 11th Februrt, im. 

JOHN BROWN. Esq., M. P. P, for the Cou.ntt of DrR- 
ham, called in and examined. 

320. How many justices of the peace are there in the county 
you represent, and how many in each township ? — I do not know, 
anew commission has gone down lately. 

0*321. Have you made recommendations to His Excellency for 
/it men to be placed in the commission of the peace ? — Z/o, I 
never did to my knowledge. 

322. Are the justices of the peace, resident in your rountv, 
chosen exclusively from one party in politics or indiscriminately 
from respectable meu entertaining various political opinions? — 
At far as my knowledge goes I do not see any difference. A gen- 
tleman by the name of Munroe, who went about wi'h a petition 
for the removal of Sir John Golborne, has been since appointed 
a magistrate. 

323. Are the common schools in your district sufficiently nu- 
merous and efficient for the wants of the country ? — I think not. 

324. Has any inconvenience resulted in your district from the 
selection of voting places at elections, am! what places would 
you recommend for your county? — I think it would be better to 
have two polling places, Grimes' Inn, iff Cavan, for the front 
townships of Durham, and for the back townships Cottingham's 
Mills. 

325. Have not the resident settlers by the improvements they 
have made, and the House of Asser ibly by its liberal grants for 
roads and bridges, and in aid of Inland Navigation, given to the 
public lands their greatly increase J value, as compaied. with 17921 
— Decidedly so. 

326. Ought not the revenue rrising from these lands to have 
been applied to the liquidation oi the war loss claims, instead of 
increasing the public debt and d aties on imports for that purpose ? 
— Yes, I think so. 

327. Is it just to the Baptists, Quakers. Menonists. Tunkards. 
Independents, Seceders, and. other classes of Christians, whose 
spiritual teachers receive no share of the public revenue for their 
religious services, that the energy of the Kirk of Scotland, the 
Catholic Bishop and Clerg' , and that the Methodist Ministers 
should, without the sanctio): of the Legislature, have a bounty 
paid for the performance of their religions duties? — I think not, 
but I think we ought to have an Established Church : I am for 
a uuion of Church ami State, and I think that the Church of 
England ought to have tl: e supremacy. 

328. How would you provide for the Church of England? — 
I have no idea of giving them the one-seventh of the lands of 
Upper Canada, but worJ 1 give them a respectable maintenance 
ont of a part of these Re serves. 

329. Would not the KriUsta Constitutional system, by which 
the head of the Goverj.nent is obliged to choose his councillors 
and principal officers from among men p osseseing the confidence 
of the popular branch of the Legislature, be more suitable to 
the wants and wishes of the eountry, it* adopted in Upper Can*- 



John Brow* Esq. M. P. P. 53 

da, than the present irresponsible mode of Government? — I am- 
perfectly satisfied with the present mode of government, I think 
a change would be an injury to the country. 

330. Why have you formed this opinion ? — I form this opinion 
from haviug heard no proposed changes which would answer" 
equally well. 

331. What check would you propose on hasty, partial, and 
injurious legislation, in England, affecting the eomme.rce, and, 
through it, the geueral interests and prosperity of this colony ? — 
I could not say. 

332. Would" not it be desirable that the Clergy and Crown Re- 
serves, and all reservations of land, otherwise than for education, 
were disposed of for public purposes, under the control of the 
Legislature? — All, except such parts as might be reserved for 
the support of the Established Chur.cb. 

333. Ought not the whole public revenue to be paid in the 
gross into tlie exchequer or treasury of the Province, and the 
proceeds applied only according to law?— ^I am clearly of opinion 
that one deposit would be better, because it would be easier look- 
ed after. 

334. Another subject of complaint is the continual stoppage 
of the bill for the more equal distribution of Intestates' Estates; 
Is the passage of that measure desired iu your county ? — I think 
not. 

335. Do you consider the Canada Company a benefit or an in- 
jury to the Province ; are not the grants or sales of land to t»»s 
company of speculators, residing in Europe, an improper trans- 
fer of the functions of the Government? — I think the Canada 
Company have been a very great injury to the country. 

336. What are your objections to the Legislative Council as 
at present constituted ? — None, I should be very sorry to see the 
people put in the Legislative Council. 

3-37. Will not the Canada Company eventually draw several 
millions out of the Province, without conferring on the settled 
population any adequate advantage 1 — I ?hink they will be some 
advantage, the first settling- of the country and opening the road* 
are advantages ; but the monopoly will eventually be disadvan- 
tageous. 

333. Are there many actions at the instance of banks in your 
district? — There are; each of the endorsers and also the drawer 
are prosecuted, and three suits and three bills of costs incurred 
for the recovery of one debt; if the debt to the bank is £41, the 
costs in some cases arise as high as £Gd additional. The law 
ought certainly to be altered ; it would be better to notify the 
endorsers in the first place, and commence au action against the 
drawer. 

339. Have the grants of money for the improvement of roadi 
and bridges been faithfully expended ? — I think they have. 

340. Do you not consider the custom of pensioning the judges 
to a large annual amount, by order from the Colonial Office, out 
of the Upper Canada Revenue, and without reference to the Pre- 

.'-A Legislature, destructive of the independence of the becck 
♦2 ?. great measure ?— I am r/ct prepared to say. 

;>«em, No. 21. n 



54 



r: 



VIDENCE OF 



341. How can a bench of judges dependent on the Coloi 
Office, for their customary retiring pensions, and independent «.i 
the House of Assembly, net impartially between the p:trr - . 
cases where a collision may arise between the Legislative anil' 
Executive departments in this Colony, or between the British 
Statutes and the Provincial Laws? — lam not prepared to say. 

342. Ought not those persons who advise His Majesty in Ins 
appointment of fit persons to iill the judicial bet 'i be 

Lie to the country ? — I think so, certainly. 

343. In case the House of Assembly, or large bodies of ti.a 
people, should be of opinion that a public officer deserved im- 
peachment, by what means could he be tried] — I think there is 
no public officer, who is guilty of any misdemeanor, who cannot 
he tried by the Court of King's Bench. 

C44. Would not an active agent representing the wishes of the 
people of Upper Canada, in London, be likely to be of f 
importance to the commercial and agricultural interests i 
eountry ? — If a person of that description could be found who 
would be free from politics, he might be verj Useful. 

345. Is there a hope that the Legislative Council and Assem- 
bly, as now constituted, would unite in the choice of sueta a 
person"? — I should think so. 

346. Were not the inhabitants of the Province, seriously injur- 
ed by the refusal of the Legislative Council, at several sessions. 
to pass a bill appointing commissioners to treat with commission- 
ers appointed by act of the Lower Canada Parliament, on matters 
of mutual interest to the two Canad;is, especially their trade 1 — 
I would prefer having a port of entry in Lower Canada; I thinK- 
the best way would be, to have the Provinces united. 

347. Does not a vast annual additional expense fall on the 
Province, owing to the continual rejection of bills of a general 
character sent up by the House of Assembly, rejected in tier 
Legislative Council, and again introduced, and debated, and *>ent 
up by the House of Assembly? — I think it a very necessary one, 
it would be a very hard case if they had not the same power to 
inject our bills that we have. 

348. Are you aware that the members of the Legislative 
Council receive a far larger proportion of the taxes than they, 
and their families contribute? — I am net aware of that. 

349. Do you think the local knowledge possessed by the Lieu- 
tenant Governors of this Colony fully sufficient to enable ihena 

to nominate independent men. of! j, to the 

ofike o( legislative councillors? — i think so. 

Tiie vote by ballot in electi ed frrr in many pe- 

titions, both to the Aeeci s Majesty ; *hat is your 

opinion oi h \ ' — I n-.aw abetter way :o 

eaeat '^nt public J 

ff'i . 



Wm. Bull, Estfc, 55 

FRIDAY, 13th February, 1885. 

WILLIAM BUELL, Esq., ofBrockville, called in and 
.examined. 

361. Are the common schools in your district sufficiently 
numerous and efficient for the wants of the country? — No. 

352. Has any inconvenience res, ■ ted, in your district, from 
.the selection of voting places at elections; and what place or 
.places would you recommend for your county? — I think the 
last election for the County of Leeds was held at an impro- 
per place ; I would lequire time for reflection. 

353. Dc you think the Lieutenant Governors of themselves 
possess a sufficient knowledge of the inhabitants of the several 
districts, to enable them to select judicious persons as Justices 
of the Peace ?— I do not. 

354. In what manner are Justices of the Peace appointed 
in vour district? — They are mostly appointed from among per- 
sons possessing one set of political opinions — I mean opinions 
in accordance with the views of the Executive. 

355. Are you a Justice of the Peace ? — I am nof. 

356. How often have you been elected as a representative 
of the County of Leeds ? — I have been elected to two Par- 
liaments. 

357. Was not your father a former member of the House of 
Assembly ? — He was. 

358. Was he in the Commission of the Peace ? — He was in 
trie Commission of the Peace at the early settlement of the 
County, his name must have been left out previous to his 
election, which was, I think, in 1800 

359. Who was your colleague in the last Parliament? — 
Matthew M. Howard. 

360. Was not his father also a member of the House o 
Assembly? — I think he sat in three or four Parliaments. 

361. Was either of the Messrs. Howard in the Commission 
of the Peace ? — I do not recollect that either ever was. If 
Mr. Howard, sen. was in a short time, he must have been put 
©ut again. 

362. Did you — Q r recommend to His Excellency any per- 
sons as fit to bs pu he Commission of the Peace? — Yes I 
did, at the common ment of the tenth Parliament. 

863. Were your recommendations attended to ? — No they 
were not. 

364. A very lar^e sum of money c< Tiected by direct taxation 
is annually entrusted to the Magistrates, they being irrespon- 
sible to the people either directly or indirectly, would it uoj 
b<i more in accordance with the genius and spirit of the Con* 



66 



Evidence or 



stitution if these monies were placed under the control ef per- 
sons appointed by the qualified electors ? — I think the monies 
would be better managed under the control of persons selected 
by the qualified electors. 

365. How many Justices of the Peace are there in the 
county you represent, and how many in each township ? — 
I think there are about 70 in the Johnstown District, 

366. Ars men chosen to fill the Commission of the Peace 
and the offices of the district who have been long resident in 
it, or are strangers more generally preferred? — Latterly, I 
think, that there have been more persons not long resident ia 
the county preferred to the offices of Justices cf the Peace. 

367. What Bank notes have the greatest circulation in your 
district ? — The Upper Canada Bank notes I should suppose, 

368. How many actions is it usual for the Bank to raise 
«gainst a defaulter whose note has two endorsers ? — I think 
three. 

369. What is your opinion of the system of district schools 
in Upper Canada }-. — I think the system is a bad one as the 
law is now carried into effect. 

370. What is the state of the roads in your district? — Not 
-very good. 

371. Have the monies arising from the sale of wild lands 
for assessed taxes, or from payments on such assessments on 
these lands, been prudently expended by the Magistrates in 
your district? — A portion of these monies were not prudently 
expended, particularly about £700 expended in the town of 
Broakville. 

372. Does not the inequality of the system of taxation of 
ratable property, cultivatedand uncultivated, afford just ground 
of complaint on the part of the people? — I think it does. 

373. Have not the resident settlers, by the improvements 
they have made, and the House of Assembly, by its liberal 
grants for roads and bridges, and in aid of inland navigation, 
given to the public lands their greatly increased value as com- 
pared with 1792 ?— Yes. 

374. Ought not the revenue arising from these lands to 
have been applied to the liquidation of the war loss claims, 
instead of increasing the publie debt and duties on imports 
for that purpose ? — I think the Imperial Government ought to 
have paid these claims. But if we have them to pay, these 
lands oughfto have been taken in preference. 

375. Are you the Proprietor of a public newspaper in Up* 
per Canada ? — I am. 

376. How long has it been established ? — Fourteen or 15 
^•ars. I have only been the Proprieter about 12 years, 



Wit. Biell, Esq. 57 

377. Do you know any law under which newspaper postage 
can be collected in Upper Canada as a perquisite to a Post- 
master ? — I do not. I think it ought not to be given as a per- 
quisite. 

378. Woulcl not the British constitutional system, by which 
the head of the Government is obliged to choose his Council- 
lors and principal officers from among men possessing the con- 
fidence of the popular branch of the Legislature, be more suit- 
able to the wants and wishes of the country, if adopted in 
Upper Canada, than the present irresponsible mode of Gov- 
ernment? — It is my opinion that it would. The irresponsible 
character of fhe Government is one of the principal difficulties 
under which we labor. 

379. Was not the refusal of the Legislative Council of this 
Province to assent to the Assembly's bills in several Parlia- 
ments for appointing Commissioners to meet those appointed 
by Lower Canada to consider of matter of mutual import- 
ance to both provinces, a proof of the necessity of a 
change in the composition of the Upper House? — It proved 
that they did not do what they ought to have done. 

380. The undue preferences and exclusive privileges grant- 
ed to certain religious denominations are much complained of: 
Would it not tend to strengthen good government if they were 
altogether abolished ? — Yes, I think so. 

381. Is it just to the Baptists, Quakers, Menonists, Tunkers, 
Independents, Seceders and other denominations of christians, 
whose spiritual teachers receive no share of the public reve- 
nue for their religious services, that the clergy of the Kirk of 
Scotland, the Catholic Bishop and clergy, and the Methodist 
ministers should, without the sanction of the Legislature, have 
a bounty paid for the performance of their religious duties?— 
I think not. 

382. Would it not be better that the sale and disposal of 
the public lands and other public property were, in all cases, 
regulated by law ? — I think so. 

383. What check has the House of Assembly on the other 
branches of the Government as a means of preventing execu- 
tive usurpations of popular rights? — I do not think they have 
any real and substantial check. 

384. Ought not the public revenue to be paid in the gross 
into the Exchequer or Treasury of the Colony and the pro- 
ceeds applied only according to law ? — I think that ought to 
be the case ; were this done it would afford a check in the 
hands of the Assembly. 

385. Another subject of complaint is the continual stoppage 
4>f the bill for the more equal division of intestate estates. — Is 



53 



IMT, ot 



the passage of that bill desired in your t;ouni\ ] — I think u i* 
by a majority of the people, 

0S6. You reside -in Brokville I — Yes. 

387. Do you not consider the custom of pensioning the 
Judges to a targe annua! amount, by orders from the Column] 
©tike, out of the Upper Canada revenue and with* 'it refer- 
ence to the Provincial Legislature, destructive of the inde- 
pendence of the Bench in a great measure 1 — I think it may 
have a had effect on the independence of the Bench. 

388. Are there not too many dependant persons, and hold- 
ers of office in the Legislative Council 1 — I should say there 
was, as far as my information eoes. 

389. Are you aware that the powers and dutios of the Ex- 
ecutive Council are defined by law 1 — I am not. 

890. The vote by ballot in elections is prayed for in many 
petitions both to the Assembly and to His Majesty. What is 
your opinion of this mode of voting?— I think it the mode 
that should b.; adopted in this Province. 

891. Would it not be desirable that the Clergy and Crown 
Reserves and all Reservations of land, orherwise than 
for Education and Roads, were disposed of for public pur- 
poses under the control of the Legislature? — I think so. 



VERY REVEREND DOCTOR Win. .L O'GRADY, 

again called in and examined. 

332. How long were you incumbent of the Parish of York ? 
—Since the year 1829. 

393. Did one John Saver or Siers or any other Catholic 
)• (Viator teach in York since .1829. — John Siers did not 
Ynii thej'ear 183 3, when lie ppened a School on his own ac- 
did not within my knowl -dge, receive any portion 
of the Government appropriation — after he left here, I met 
him, in Kingston, and li* tol:l me he received none. — Previous 
to Siers co r|in<*to tha Parish, I engaged a School-master by 
the name offfarVey, who had a promise from Bishop Mc- 
Dbhell of £20 per annum for the support of a school mazier 
but though be commenced his school on the faith of this pro- 
mise, he was never paid one farthing, and after residing six 
months in this city, he was obliged to leave us. 

i>94. Referring you to evidence given before thh Commit* 

tee of the Rev. Angus M'Doncll respecting the appropriation 

fer schools, can you shew that His Majesty's Government in- 

r year should be appropriated to the pay- 

pfent of Catholic School Ttachers? — I think 5c*. The 



Dr. VV. J. O'Chvdv. 51 

&KIim[> shewed me the copy of a Despatch from Lord Ba-i 
(burst authorising him to appropriate fme fourth of the annual 
grant for tlial purpose, and that the Executive of the country 
was of iho same opinion will appear by the following letter 
from Sir John Colborne to Bishop M'Donell. 

York, 20th April, 1829. 
My Lord Bishop, 

1 have the honour to acknowledge the receipt of 
Your Lordship's letter of the 2nd in i to return the iaclos> 

e<j document from Major Hillier, by which it certainly appears that 
you are authorised to apply, 5 for the support of Schoolmasters, oua 
fourth of the annual appropriation of His Majesty's Government. 

The distribution of the salaries of the Clergy uoder your Lord- 
ship's charge must dopend entirely on your opinion; but the 
claims of the Rev. Mr. O'Gra^y well deserve your Lordship's cou- 
sidnration. 

I sliall be moat happy to see your Lordship at York, 
I have the honor to be, 
Sly l.o.' J Bishop, 

Your Lordshii 

Most Ob-dient 

fciurnule S ^rvanf, 

J. colbur: 

The Right Rev. 

Doctor M'DosELt, 
Bishop of R/tiiiO. 

395. Have you heard of any sum or sums of money being 
given to Bishop M'Donell for the purpose of erecting a Church 
or Seminary at Guelph ? — 1 have — £1000 were sent to the' 
Bishop by Cardinal We'd for that purpose — hut these monies 
were otherwise applied by his Lordship — to prove which I 
put the following letter in- evidence. 

St. Raphaels, Glengarry, ) 
Jan. 16th, 1530. V 

Very Rev. Dear Sir., 

1 wrote you' a letter on the *20th of November 
feat to h* conveyed fo you by rhe Rev. Edward Gordon, but before' 
'turn from L>>.ver Canada, whore he had gone to see his bro- 
ther, the Navigation closed?, and the roader broke up, eo that his de- 
parture hat* been delayed from day to day, in hopes that sleighing' 
v.odd commence in which we have been I may say hitherto disap- 
pointed — t. ; iat tetter as welt as this one will be handed to you by 
Mr Gordon. 

The contents of your favo: of the I6t!i of November ore truly 

interesting. The remarks on the conduct of some individuals of 

retferen are to me most distrpssing and call for immediate at- 

■■■■•.. I authorised you on a former occasion to take Mr. Coin- 

p-ioM under your surveillincei r o examine strictly and minutely into 

hfg co iduft, and : hereby repeat my injunctions and orders to you 



Evidence or 60 

to the same purpose, and I charge you to exercise over him and 
over Mr. Gordon and ever every other priekt that is or may here- 
after be employed in your district, the power and control of a vicar 
general until further orders. Regular powers may afterwards be 
given in due form as circumstances may require. In the mean 
time I beg and entreat of you to procure for me f very possible in- 
formation respecting the conduct of those individuals to whom you 
alluded in that letter. 

I feel much obliged to you for suggesting the idea of holding 
conferences of the clergy, it 13 one that I long cherished myself 
when the state of the missions would admit of the clergy conven- 
ing for that purpose, well aware of the great good which such an 
institution produced in Ireimd in my time and is calculated to pro- 
duce in this country. Hitherto however while two prles's were 
not within the distance of hundreds of milc3 of one another, the 
thing was entirely impracticable, and even yet it is only in very few 
parts that it can be thought of, but please God to increase the 
number of our clergy I trust the practice may become general. 

The kindness and attention which Sir John Colborne was pleas- 
ed to Bhew to me during the time I had the honor of accompany- 
ing His Excellency last summer on his visit to Montreal and to 
the R.drau Canal, I shall ever remember with the most grateful 
feelings, and I shaii ever consider it one of the most mortifying 
circumstances of my lire, being deprived of the honor of seeing 
H'.s Excellency under my humble roof: owing to rny servants mis- 
taking the time of his arrival in Cornwall, my horses and carriage 
were not sent, although I sent an express on purpose to inform 
them. I was most anxious that he would see these small esta- 
blishments, and witness !ue struggles I have had to support them. 
My seminary alone in which I have been generally supporting for 
the last five years from seven to nine or tea young men has cost 
me at an average £300 per annum, being obliged to provide be- 
sides board and education, clothing and every other necessary for 
several of them who have not the means of procuring those things 
for themselves. This and the expenses of the buiidino-s here 
which from first to last have amounted to upwards of £3,000 cur- 
rency, without the a:d of a single dollar from any human being, 
have subjected me to serious d fficulties. Dr. Weld has indeed ad- 
vanced me one thousand pounds towards building a church at 
Gnelph which has go le partly to clear Mr. Fraser out of Kingston 
as you know and partly to purchase a piece of ground nttaciied 
to the house bought for the use of the Bishop in K ngston 
and partly to defray expenses contracted by the building of other 
churches; and I am yet after all three thousand pounds more be- 
hind hand with the Parishoners of St. Raphael of money borrowed 
for the building of their new Par sh Church, the greater part of 
that sum th -y will however be able to pay themselves in t me. Of 
this long detail of my difficulties and embarrassment you are at 
rty to communicate as ranch or rs little to His Exc.l'ency as 
vcu may think proper. I shall petition His Excellency on behalf of 
the Indians of Pcnetanguishine or the Golonial Minister thi 
r:.s Excellency and to rave postage b tall enclose it under cover te 
Col. Preset o^r Rep: I - 



Dk. W. J. O'Grady. 61 

visit York in tho coarse of next month if the state of the roads will 
be such as to render my journey any ways comfortable, I send you 
enclosed the distribution of the Government money, and you may 
ncquaint the Gentlemen concerned to draw upon you when their 
money is reidy for distribution. 

I request to be most respectfully remembered to your brother and 
family and Col'l Baldwin and to all inquiring friends, and believe 
me to be with sincere regard and esteem very Rev. and dear Sir, 
Yours truly, 

f ALEX. REGIOPS, Ep. 
P. S. — You will be pleased to send me a check on the Mon- 
treal Bank, which Mr. Harper will give you, if you lodge the money 
with him for the quotas of the four schoolmasters and of the Rev. 
Mr. John McDonald of this parish, amounting in all uo £75 16 4 
Stg. 

lours A. McD. 
The Very Rev. W. J. CTGrady. 

396. Have you any other evidence to offer in proof of the 
misapplication of the public money by Bishop M'Donellt — I 
have the evidence of the Rev. Laurence Dempsey, and the 
Rev. Edward Gordon, taken before the Parish Commissioners, 
and also the evidence of Peter M'Dougall, Esq., regarding 
the repeatedly expressed opinions of the late Inspector 
General. 

[The Committee decided not to receive in evidence the 
duplicate of an affidavit of Dr. O'Grady and Peter M'Dou- 
gall, Esq., nor the testimony given before the Parish Commis- 
sioners.] 

I have repeatedly heard the late Hon. James Baby say that 
Bishop M'Donell never submitted to his inspection an account 
of the disposal of the Government appropriation, for the sup- 
port of the Roman Catholic Clergy and Schoolmasters of this 
Province, and that he, the said James Baby was of opinion 
that he (the Bishop) annually abstracted a considerable portion 
of the sum for his own private purpose and uses, and also that 
the Rev. Wm : Eraser frequently assured him (the said James 
Baby) that to his knowledge, such was the case. 



QUESTIONS 

RELATING TO TOLLING PLACES, WITH THE ANSWERS OF CER- 
TAIN MEMBERS OF THE HOUSE. 

Question First. 

399. Would you recommend more than one place at which 
to take the votes of the qualified Electors, for the County or 
Riding you represent? 

Assem. No. 21. o 



62 



QUESTIONS RELATING TO 
Question Second. 



400. If so, what places would you propose as the most 
suitable at which to hold the poll three days alternately 1 

Question Third. 

401. If one polling place would in your opinion be suffix 
cient, what place would you recommend as the most central 
or otherwise suitable for the Election "? 

ANSWERS TO THE ABOVE. 

DR. W. BRUCE, Member for Stormont. 

Ansiver to 401. — The line between the towns of Cornwall 
bruck. 

JOHN BOWER LEWIS, Esq., Member for Carleton. 

To Question 1. — Yes. 

To Question 2. — At Richmond, and the lower part of the 
Township of Huntley. 

DENNIS WOOLVERTON, Esq., Member for the 
1st Riding of Lincoln. 

To Question 1. — In the first Riding of the County of Lin- 
coln, which I represent, there is but four Townships, there- 
fore I think one Polling place is sufficient. 

To Question 3. — I would recommend Smithsville in tlie 
Township of Grimsby as the most central. 

THOMAS PARKE, Esq., Member for Middlesex. 

To Question 1. — I am opinion that taking the votes by 
Townships would be most accomodating and efficient, yet, 
dividing the County into four parts would be a great improve- 
ment on the present system. 

To Question 2. — London, St. Thomas, Delaware, and Gar- 
dener's Mills, in Mosa, would from my information be the 
most suitable. 

To Question 3. — One polling place is not sufficient for the 
County of Middlesex ; but if there must be only one, I think 
London would give the most general satisfaction. 

JOHN A. WILKINSON, Esq., Member for Essex. 

To Qvestion 1. — I would recommend the Committee to 
leave the measure as it now stands, if you wish to please the 
Electors of the County of Essex. 



Polling Places. 63 

To Question 3. — At the District Town Sandwich, where it 
is situated in the most populous Township in the County or 
District. 

NATHAN CORNWALL, Esq., Member for Kent. 

To Question 1. — I consider one place sufficient to hold ths 
Election in the County of Kent. 

To Question 3. — At the town of Chatham. 

FRANCIS L. WALSH, Esq., Member for Norfolk. 

To Question 1. — I would recommend that the County of 
Norfolk, including the Townships of Walpole and Bay ham 
should he divided into two Ridings for the purpose of being 
divided into a separate District as well as to enable the Elec- 
tors more conveniently in that case to hold Elections for that 
County. 

To Question 2. — In the event of the said County being 
being divided into Ridings, I should propose that the Elections 
for the East Riding should be held at the Post Town of Sim* 
coe — and for the West Riding, until a more central situation 
can be established, at the town of Fredericksburgh in the town* 
ship of Middleton. 

To Question 3. — Should this County remain undivided into 
Ridings, in that case, I would be of opinion that the County 
Elections should be held at Vittoria, only ; as the additional 
expenses of holding the Elections would, in my opinion, oper- 
ate, with other reasons against their being held in different 
places during the same Elections.. 

THOMAS M'KAY, Esq., Member for Russell, 

To Question 1. — No, the principal part of Sotrlers m 
Cumberland, Clarence, and Gloucester, are located along the 
Banks of Ottawa River. I believe they are not more than 
two miles back, Gloucester extending up River Rideau is tol- 
erably well settled, so is Osgoode. It is difficult for me to 
say whether more places than one is necessary or not, should 
it be thought necessary, the line between Gloucester and Os- 
goode I think is the most proper place in that direction. On 
Ottawa between Clarence and Cumberland. 

To Question 2. — Answered above. 

To Question 3.— The place where it was held first at, is 
New Edinburgh in Gloucester, it was thought the most centra! 
and easiest plaee to arrive at by Steam Boat or otherwise, it 
being at the junction of Ottawa and Rideau River.-:, but that 
being my property, 1 beg to refer you to the maps. 



64 Questions relating to 

HIRAM NORTON; Esq., Member for Grf.wille. 

To Question 1. — I would recommend three different places 
for holding the Elections. 

To Question 2. — Prescott, Merrickville, and Kemptville. 

To Question 3. — If but one place should be thought best, 
J would recommend Prescott as the most suitable place, but 
Kemptville as the most central in point of territory. 

HARMANUS SMITH, Esq., Member for Wentworth. 

To Question 1. — The County I represent is not so large, 
but the votes can readily be taken atone place of meeting. 

To Question 2. — If the poll was kept open for three days 
alternately, at different places, I would recommend the villa- 
ges of Stoney Creek and An caster. 

To Question 3, — I consider Hamilton, the County Town, 
the most convenient place, and sufficiently central to hold the 
Elections. 

JACOB RYMAL, Esq., Member for Wentwortii. 

To Question 1. — The county I represent is not so large but 
that all the votes can be polled at one place in six days. 

To Question 2. — If two places of polling of 3 days alter- 
nately I should recommend the villages of Stoney Creek and 
An caster. 

To Question 3. — I think Hamilton, the county town, the 
most central place, and would meet the wishes of the inhabi- 
tants of the county. 

WILLIAM B. WELLS, Esq., Member for Grenville. 

To Question 1. — I would recommend three places. 
To Question 2. — The town of Prescott and the villages of 
Kemptville and Merrickville. 

To Question 3. — The village of Kemptville. 

JACOB SHIBLEY, Esq., Member for Frontenac. 

To Question I, — I would. 

To Question 2. — At Waterloo, two days; at William Ash's, 
in the 1st concession of Loughborough, two days ; and at 
Barrey's Field in Pittsburgh, two days. 

PETER SHAVER, Esq., Member for Dundas. 

To Question 1. — I would recommend the poll to be held 
m different places of the County of Dundus, at least in four 
©f its townships. 



Polllng Places. Go 

To Question 2. — In the township of Mountain, at the \\ j- 
dow Jackson's, one day ; in the centre of Matilda, at the 
Widow Shaver's, two days ; for Williamsburgh, at Philip 
Munroe's, two days; for Winchester and rear of Williams- 
burgh at Mr. Rosenbergen's, one day, I would wish the 
polls to be kept where the Courts of Requests are now holdcn. 

D. A. E. McDOXELL, Esq., Member for Stormowt. 

To Question 2. — I would propose that the poll be held 
three days at , in the township of Osnabruck, 

and for the first three days at the town of Cornwall, in the 
township of Cornwall. 

I would beg leave to remark that the Committee are to 
take into consideration whether it would be prudent to remove 
the election from the county town where the district buildings 
are, for in case of disturbances as lately occurred at the 
county of Leeds election, a place of convenience could be had 
for troublesome characters. 

(Signed) D. A. E. McDo.nell. 

DONALD McDONELL, Esq., Member for Glengarry. 

To Question 1. — The County of Glengarry, which I re- 
present, being one of the most populous counties in the Pro- 
vince and containing I should say 1,200 freeholders, I would 
recommend two polling places. 

To Question 2. — The village of Williamsburgh in the 
township of Charlottenburgh, and the village of Alexandria, 
in the township of Lochiel. 

To QucctionS. — The village of Alexandria, being nearJv 
lhe centre of the county. 

GEORGE S. BOULTOX, Esq., Member for Durham. 

To Question 1. — Yes, every township in the county. 
To Question 2. — Every township, but for one day only. 
To Question 3. — If only one place I should suppose th© 
present mode adopted, the best. 

GEORGE RYKERT, Esq., Member for Lincoln. 

To Question 1. — For the Riding I have the honor to re- 
present I think one place quite sufficient for polling all the 
votes. 

To Question 3. — I conceive St. Catharines to be the most 
central both in territory and population, and therefore most 
suitable for holdinsr the election, 



©6 QUESTIONS RELATING TO 

EDWARD MALLOCH, Esq... Member tor Carleton, 

To Question 1. — Yes. 

To Question 2. — Richmond and the lower part of the town 
ship of Huntley. 

To Question 3. — If only one place thinks the 12th con- 
cession of Goulburn most central, but thinks Richmond the 
most suitable place for the convenience of the whole electors. 

WILLIAM MORRIS, Esq., Member for Lanark. 

To Question 1. — I would recommend two places. 
To Question 2. — I would propose Perth and Carleton 
Place. 

SAMUEL LOU.NT, Esq., Member for Simcoe. 

To Question 1. — Yes. 

To Question 2. — I would recommend the polling at all 
places to be going on at the same time. I recommend Hol- 
land Landing, Barrie, Narrows of Lake Simcoe, and some- 
where on the township line between Tecuiuseth and Adjala. 

JAMES DURAND, Esq., Member for Halton. 

To Question 1. — Yes, I would recommend three places at 
which to hold the elections for the county I represent, I would 
also further recommend a prolongation of the time now fixed 
b}' law for that purpose, from six to nine days. 

To Question 2. — I would propose for the first three day? 
the village of Ilannahsville, in the township of Nelson ; for 
the second three days the village of Preston, in the township 
of Waterloo ; and for the third three daj's the town of Dun- 
das, in the township of West Flamborough. 

WILLIAM McCRAE, Esq. Member for Kent. 

To Question 1. — I should not recommend more than one 
place to hold the elections in the County of Kent. 
To Question 3. — The town of Chatham. 

FRANCIS CALDWELL, Esq., Member for Essex. 

To Question 1. — I would not recommend more than one 
place at present. 

To Question 3.— Sandwich as being the county town. 






Tolling Places. G7 

DAVID THORBURN, Esq., Member for Third Riding 
Lincoln. 
SIR, 

The Circular letters signed by you as Chairman of 
the Committee on Grievances, relative to holding elections. 
The one you did me the honor to send for to fill an answer in, 
I have sent to a Committee of the electors of the 3rd Riding 
of Lincoln which I have the honor to represent, for the opi- 
nion of the freeholders, which has been had and is annexed, 
the wish of the freeholders is expressed therein. 

I have the honor to be, 
Sir, 

Your obedient servant, 

DAVID THORBURN, 

M. P. 3rd Riding Lincoln, 

To \V. L. Mackenzie, Esq. ^ 
Chairman of Com. on Grievances. ♦ 

To David Thorburn, Esq. 

SIR, 

After taking into consideration the question pre- 
sented to the Committee for their consideratian, relative to 
the place or places for polling the votes for the 3rd Riding, 
county of Lincoln. The Committee are of opinion that one 
place would be sufficient at or near the centre, viz : Matthew 
Seburn's, Innkeeper in ThoroH. 

GEORGE ROWE, 

Corresponding Secretary. 
By order of Committee. 

Wm. H. MERRITT, Esq., Member for Haldimand. 

To Question 1. — I have never given the subject much con- 
sideration, but think it would be a convenience to the inhabit 
tants to take the votes at two places. 

To Question 2. — At Dunnville and Stoney Creek in Rain 
ham or VValpole. 

HENRY W. YAGER, Esq., Member for Hastings. 

To Question 1. — I should recommend two places for hold- 
ing the eleciion in the county of Hastings. 

To Question 2. — Three days in the village of Bellville, and 
three days at John McCoy's in Huntingdon, and but one Re- 
turning Officer. 



68 Evidence of 

FRIDAY, 6th day of MARCH, 1835. 

The IIon\ JOHN HENRY DUNN, Receiver General, 
called in and examined. 

402. Ought not the whole public revenue to be paid in the 
gross into the Exchequer or Treasury of the Colony, and the 
proceeds applied only according to Law ? — That is the case. 
There are two distinct revenues, one under the control of the 
Provincial Legislature, and the other under the control of the 
Lords Commissioners of His Majesty's Treasury. 

403. Under what law do the Lords of the Treasury'- exer- 
cise a control over the Casual and Territorial Revenue ? — I 
do not know. 

404. Where are public balances in the different departments 
deposited, and what may be the average amount deposited, 
paying no interest? — The balances in the Public Chest are 
exceedingly fluctuating and uncertain, the deposits are made 
for the general convenience and benefit of the public ; sometimes 
there are large balances in my hands, and sometimes none 
at all. 

405. From all sources whatsoever, what may be the aver- 
age balances of public monies in your hands? — I think the 
balance may average within these few years about £10,000. 

406. Do you think any of the Banks in this Province, a 
proper and safe place for public deposits ? — I think the Banks 
safe places for the deposit of public monies. 

407. What security do you give the Province for public 
balances ?— £80,000,' viz : £10,000 Mr. Clark ; £5000 Mr. 
Street; £5000 Mr. Wm. Dickson, Forsvth & Richardson; 
£20,000 Mr. Dunn of London (my father) ; £10,000 stg. and 
my own personal security £30,000. 

408. The Legislative Council refused several times to as- 
sent to bills sent up by the Assembly for appointing Commis- 
sioners to meet Commissioners appointed by the Legislature of 
Lower Canada to consider of matters of tr^dc, revenue, in- 
land navigation, and other affairs of mutual importance to 
both Provinces, was not that refusal injurious to the interests 
of the two Colonies ? — I think it would have been better if 
Commissioners had met to have decided on the improvements 
of the St. Lawrence, in which the two Provinces are so in- 
timately connected. If such a Commission could be carried 
into effect, it would, I think, have a mutual good result in the 
intercourse of both Provinces. 

409. Does the supervision of the Inspector General of Pub- 
lic Accounts, extend to all revenue raised and expended in 
the Province ? — I think it docs. 



The Hon. J. II. Do.m M 

41»\ Wlnt check would you propose on natty, partial and 
injurious legislation in England, affecting the commerce and 
through it the general interests and prosperity of this Colony T 
— I am not prepared to state any remedy. 

411. Hare not the resident settlers, by the improvement*: 
thev have made, and the House of Assembly by it* liberal 
jrranfs for roads and bridge?, and in aid of inland navigation, 
given to the public lands their greatly increased value, as com- 
pared with 1792? — Most unquestionably. 

412. Mr. Wm. Chishohn is put down in this" return as hold- 
ing only the office of deputy postmaster — Has he not lately 
been appointed Collector of Custom? at a pface distant from 
his post office? — He has been appointed Collector of Cus- 
toms for Oakville. 

413. Is he not a merchant trading at that place and im- 
porting goods? — I really do not know. 

41 t. VVe see in trie Canada Company's returns a pension, 
af £400 to Co4. Talbot, a pension or allowance of £500 to 
the Bishop of Rcirropolm, a pension to Sir W. D. Smith ia 
England of £200, a pension to the family of General Shaw 
of £100, a salafy to an agent here for the service of paying 
these monies and other sums. These payments are made from 
the public revenue of this Colony. By whose authority are 
they so made ? — By the Lords Commissioners of the Trea- 
sury. 

415. For what service do yon receive £200 sterling out of 
the funds of the Canada Company ? — For the large accumu- 
lated business connected with the Crown duties. 

416. Do you not receive other £200 sterling as Receiver- 
General of Crown Lands? — I receive £400 sterling in all, 
besides £700 sterling: per annum from the Province. 

417. How often do you account to the fnspector-General 
for your intromissions as a manager of public funds ? — Tft-ice 
a-year — 30th June and 31st Pecember in each year. 

41£. Who made out the return of your income for t8Sr>, 
placed in the Blue Book sent to England ? — Mr. Turquaod ; 
it was correctly made out and embraced the different items of 
my income. 

419. Can you point out to this Committee any Law of the 
Province, establishing the Executive Council a board to juctga 
and audit the accounts of public officers and others? — No* 

420. What Bank notes have the greatest circulation in this 
Province? — [ think the Commercial Bank, at this moment, 
becanse I receive the most of their bills. 

421. What is thp amount ot the debt due bv the Province ? — 
£l£0,5&n currency, and £176,600 sterling^ on the I5tk Jan- 
uary, [b'S5. 

r 



70 fcviDLSCE 0? 

MONDAY, 9th day of MARCH, 1833 

BERNARD J \ Es :. called in and examined.-* 

U first Clerk ^ceiver-GeneraTi office. 

[The retui >fthe House of Commons of the 

rec.jp s a.;J p ia Company is shewn tu 

422. Is nent m the shape lu which it was, trhefl 
yjvi • — I believe il 

423. Did it c us oi £324 and £540 paid to 
Dr. Strachan ! — I itj I Lave do 

it it die!* 

424. Have the ?ilms of £-224 and £540 been actually pa*i4 
tu the Doctor I — T . s &eie nut paid to the Archde*- 

a this Province*? but were with ies n.enticmrd 

I to ilie C any (including 

i their hrst instal- 

. . c ice of the ; been paid to tl.tm iu 

«t on that subject in the 
J to the Archdea- 
exchangp at eight 
p..r t 

425. It appe ..al salary of £500 has beefi 

md £1000 
before: U.;J made 1 — Under the 

- of His Majest y's Trea- 
surv conveyed :.i a Despach from the Colonial office: the 

?, which, heretofore, 

formed part of - | I .■.-Governor #1 

this Pro", i 

425. Are there outstanding monies now dug tu the Govern* 
Hienll — It is unknown to our department, 

422. Whose duty is it to keep an account if or-.rstanc* 
. to the Pj . tU I — i be* 

lieve t'.;i Inspctor- ! 

428. O hole public revenue to be f*ai# in th* 

grOiS into , y of the Colony, and tho 

procet - , I — I think ail public 

revenue ofei -J into the hands of 

0..6 

42J. D lof the fnspector-Generafextrna 

to .-'..1 public revenue . Province 1 — I ha\eno 

doubt of i*, aj all the 5 go to bis cilice fur in* 

Spec; on. 

43?. Where are publi i the different depzrt- 

.r?~e amount depo- 



B. TVrquand. Tusq. 71 

sited, p?.y' in £ no interest? — For several years past, I think th<? 
average in t!ie Receiver-General's iiands, Las not exceeded 
£10,000, inr.lu.lin2: all the public funds that of the provincial 
Revenue, scarcely any thin? ; and if any, always appropriated ; 
it is very frequently in advance: the great b'dk of the rove- 
nuos com" into the Receiver General's hands about the clo«e> 
•f each period, and although the balances ma}' appear large in 
the accounts, they are immediately reduced by the demands of 
the preceding half-year. 

431. In case the different public accountants neglect to send 
in their monies to your office regularly, what steps rre you 
authorised to take? — The bonds of the different public ac- 
countants are lodged with the Jieceirer-General ; and when 
any defalcation occurs they are sent to the Atterney-General 
for prcsecution of the party concerned* 



GILBERT McMICKING, Esq,. M. R .I\, roa Ltseoisr 
CJou^tt, callid in and examined* 

432. Are men chosen to fill the commission cf the per.ee rnd 
the offices of the district who hare been lon^ resident in it, or 
Are strangers more generally preferred ? — Latterly, strangers. 

483. Are the justices of the peace resident in your county 
chosen exclusively from one party in politics, or indiscriminately 
from respectable snen entertaining; various political opinions ? — 
They are principally half pay officers and strangers ; I mean the 
late appointments. 

434. Are the common schools in your district sufficiently nrc- 
merous and efficient for the wants of the country ] — I should 
think not. 

435. Do you think the Lieutenant Governors ef themselves 
possess a sufficient knowledge of the inhabitants of the several 
districts, to enable them to select judicious persons as justices 
of the peace? — I should rather think not. 

436. Have not the resident settlers, by the irr prove merits they 
liave made, and the House of Assembly, by its libera! grants for 
roads, brinies, and in aid of inland navigation, given to the pub- 
lic lands their greatly increased value, as compared with 1792?— 
Certainly. 

437. Ought not the revenue arising from these lands to hare 
freen applied to the liquidation of the war loss cla ms, instead of 
increasing the public debt and duties on imports for rhat pur- 
pose? — I should think so: I once dined with General Rrown, in 
a canal boat, travelling to Foclie*ter, when, speaking of the late 
war, I asked him what the United Slates could have had in ri^ir 
In invading Canada; his answe w was, thai the Crown and Clergy 
Reserves would in a manner have recompensed them for the ex- 
^♦nditnre-. 



EriDKXCK OF 



49A. Would not the British constitutional system, by which 
the head of the gMvemment is obliged to chooee his councillor* 
j'ud principal officers from among men possessing the confidence 
•f the popular branch of the legislature, be more suitabIe*to the~ 
wants and wishes of the country, if adopted in Upper Canada, 
than the present irresponsible mode of government! — Certainly, 
it would be better adapted to the wishes of the people. 

4**39. Why have you formed this opinion? — Because an arbi- 
trary government does not suit an enlightened community. 

440. What check would you propose on hasty, partial and in- 
jurious legislation in England affecting the commerce, and 
threugh it the general interests and prosperity of this colony I — 
Only by a fair representation to the British Parliament. 

445. The undue preference and exclusive privileges granted 
to certain religious denominations, are much complained of; 
\ronld it not tend to strengthen good government if they were 
altogether abolished? — I think it would. There are 2,500 acres 
of land in the 4th Riding of Lincoln, that were surveyed and re- 
served between 1787 and 1789, in lieu of side lines ; they are de- 
nominated on the surveyor's plan as glebes. Last summer, in 
June I think, through the interest of Mr. Anderson, the Episcopal 
elerpyman aud two of the Wardens of St. Paul's Church at 
Fort Erie and Bertie, there was a license of occupation granted 
for 1,500 acres to Westley Lewis and Alexander Douglass, as 
said Churchwardens of Mr. Anderson's church; we complain 
that this property belongs in common to the several townships 
as commons, in lieu of side lines. 

443. Would not it be desirable that the Clergy and Crown 
Reserves and all reservations of land, otherwise than for educa- 
tion and roads, were disposed of for public purposes under the 
control of the Legislature ? — I should think so. 

444. Ought not the whole public revenue to be paid in the 
gross into the exchequer or treasury of the Colony, and the pro- 
ceeds applied only according to law 1 — Certainly, that is my im- 
pression. 

445. What check has the House of Assembly on the ether 
branches of the Government, as a means of preventing executive 
usurpations of popular rights? — Jn my impression, it has never 
had any. 

446. Many complaints are made that the judges and clergy- 
jvien of the Church of England and Rome, hold seats in the 
Exeeutive and Legislative Councils; are not such seats incom- 
patible willi their spiritual and judicial functions ? — I should 
think so, 

447. It is complained to His Majesty that sheriffs hold their 
offices in abject dependence on the will of a government irres- 
ponsible to publx opinion ; — that they choose the grand and pe- 
tit jurors without reference to their fitness, but often from politi- 
cal considerations :— what remedy would you provide to see (ire the 
subject a fair trial by jury? — Perry's Jury Bill. 

448. In what manner are appointments in the militia made in 
vour district? — Militia officers are recommended by the Colonel 
and conimbsiened by the Lieutenant ftovcrBer. 



G. McMiciwa, E.q.,. If. P. P. 73 

449. Woald it not be an advantage to the people if a law were 
pasted for the abolition of Militia training* 1 — Ye*, because Mi- 
litia training! are attended with maut evil consequences and ne 
good. 

450. What are your objections to the Legislative Couneil as 
how constituted ? — I think a majority of them are men who do 
not study the wishes of the people, nor the interests of the 
country. 

451. In case the House of Assembly, or large bodies of the 
people should be of opinion that a public officer deserved impeach- 
ment, by what means could he be tried ? — That I cannot answer. 

452. Is it just to the Baptists, Quakers, Menonists, Tunkards, 
Independents, Stceders, and other classes of Christians, who*e 
spiritual teachers receive no share of the public revenue for 
.■tikeir religious services, that the clergy of the Kirk of Scotland, 
the Catholic Bishop and Clergy, and that the Methodist Minis- 
ters shouid, without the sanction of the Legislature, hare a 
bounty paid for the performance of their religious duties? — I 
lihiuk it very unfair. 

453. Do you not consider the custom of pensioning the jud- 
ges to a large annual amount by orders from the Colonial Office, 
out of , the Upper Canada revenue and without reference to the 
Pro-*i-neiai Legislature, destructive oi the independence of the 
bench in a great measure ? — I do. 

454. is not tli-e appointment of public officers and magistrates 
by an irresponsible executive government destructive in a great 
degree of the power of the people iu.t.he Censtitution? — It tends 
very much to their dissatisfaction. 

455. How can a bench of judges dependent on the Colonial 
Office for their customary retiring pensions, and independent of 
the House of Assembly, act impartially between the parties, in 
cases where a collision may arise, between the Legislative and 
the Executive Departments in this Colony, or between the Bri- 
tish Statutes and the Provincial La^s? — I do not thiuk they 
ean. 

45o. What objections can be urged against a fair and equal re- 
presentation of the qualified electors in the House of Assembly T 
Why should four townships in one part, with 4,000 inhabitants, 
send two members; and five or six in another part, as a Riding, 
with 15,000, send only one: this arrangement being based neither 
on extent of Territory, property, nor population ? — I think the 
system of the representation unjust. 

457. What mode would you recommend for the better govern- 
ment of the Post Office, and for allowing the control thereof to 
the Colony? — 1 should recommend the passage of a law by the 
.Colonial legislature. 

458. Is not the tax on newspapers for the personal advantage 
.of Mr. Stayuer a strong ground of publie complaint? — From 
what I have lately learned, it is. 

459. Did not the Canada Committee of 1828 recommend that 
the whole public revenue should be under the control of the 
House of Assembly ? — I have not seen that Report. 

4fl9. What Board of Audit is there in the Province ? — I doa'l 
know ef any. 



71 EfllJfiNCB OF 

460. Does not a rtwt animal additional expense fafl on tie 
Province, owing to the continual rejection of bills of a general 
character sent up l>y the Home of Assembly, rejected in th« 
Legislative Council, and again introduced, debated, snd sent up 
by the House of Assembly ?— There must be a great deal of ex- 
pense and loss of time. 

462. In what way does the sheriff of ycur district do hi* 
fluty 1 — 15 y deputy. 

463. Has not the present irresponsible system of government 
in Upper Canada a tendency to discourage the emigration of the 
more wealthy and enterprising elass of emigrants into the Pro- 
vince? — To my knowledge the most wealthy of the emigrants 
po to the United States and reside there ; they allege that thejr 
Kike the management of that country. 



JAMES DUI? AND, Esq., M. P. P., for IIalton Co****, 
called in and examined, 

r 464. Has not the present irresponsible system of Govern* 
ment in Upper Canada a tendency to discourage the immigra- 
tion of the more wealthy and enterprising class of emigrants 
into the Province ? — I am fearful that it has that tendency, as 
a great number of wealthy emigrants settle in the United 
States, very many persons of large capital. 

465. How many actions is it usual for the Bank to raise 
against a defaulter, whose note has two endorsers ? — Gene- 
rally three. 

466. Have you made recommendation?; to His Excellent}' 
for fit men to be placed in the Commission of the Peace t — I 
never have. 

467. Are the Justices of the Peace resident in your coun- 
ty chosen exclusively from one part}' in politics, or indiscri- 
minately from respectable men entertaining various political 
opinions? — Most generally from men on the ministerial side, 
in politics, very frequently half-pay officers, and newcomers 
not known to the people; which is a subject of complain'. 

468. Are men chosen to fill the Commission of the Peace 
nnd the offices of the District who have heen long resident in 
gfcj or are strangers more generally preferred ?— Latterly I 
think they have heen mostly new comers, and persons in whom 
the people have hut little confidence. 

469. What hank notes have the greatest circulation in your 
-District? — [ have an idea the Commercial Bank circulates as 

many as any, if not more in the District where I reside. » 

470. What is the population of the county you represent? 
—About 30,000 souls. 



J. Dliund, EHi m! p. r. 73 

471. Have die monies arising from the sale ef wild land) 
far assessed taxes, or from payment on such assessments on- 
liiese lands, been prudently "expended by tiie Magistrates in 

your District I — I lu.i not sure ; but think I have heard of 
some complaints. 

472. Are the Common Schools in your District sufficiently 
numerous and efficient for .he wants of the country l^— I think 
not, generally speaking. 

473. What is your opinion of the Canada Company? — I 
think they are a speculating bedv, who will yet do great inju- 
ry by a cumulating wealth j by draining the country if money 
and sending it to England. 

474. Would not the British Constitutional system, by which 
the head of the Government is obliged to choose His Coun- 
cillors and principal officers, from among men possessing the 
confidence of the popular branch of the Legislature be moro 
suitable to the grants and wishes of the couniry, if adopted in 
Upper Canada, than the present irresponsible mode of Go- 
vernment? — I am decidedly of opinion that it would, and bu 
in unison with the wishes of the j?e*pio-. 

475. Ought not the whole public reve/iue to be paid in tha 
gross into the Exchequer or Treasury of the Colon}*, and the 
proceeds applied only according to law ?-^Certain!y, 1 think 
so, hv a well administered Government* 

476. Tins undue preferences and exclusive privileges gran- 
ted to certain rcjiffious 4enomf»i*ttons , are much complained 
ef — would h nut fend to strengthen good government if they 
Ifbre altogether abolished 1— Yes, I think it vould be well to 
abolish a'l invidious religteufl fffeiti*€ti6n? A 

47/» A verv lafge sum of moifey, collected by direct taxa- 
tion, is annually entrusted" to |he Magistrates, they bein^ ir- 
msible to thg pfltft either directly or indirectly; would 
it not be flfofle in accordance with the genius and spirit of the 
Constitution ff these monies were pfaceicl under the control of 
persons appointed by-tha cgualined electors'! — I should thiuk 
k gosttfba tHo^e satisfactory to the people, to place the con- 
Vv\ U theif hands, 

iJu> V\ tat are Vouf objections to the Legislative Council 
&s now constituted? — I thiuk the Members too often are re- 
gardless of the wishes of the people as appears by the fre- 
quent rejection of useful laws passed by the House of Assem- 
bly Ujf their benefit, ana if made elective, would be moro 
hkclv to study the wishes of the country, 

473. Do you not consider the custom of [tensioning tho 
Judges to a large annual amount by orders from the Colonial 
Odice, out of th-i Upper Canada revenue, and without refer- 
I a to the Provincial Legislature, destructive to the inflo- 



7$ 



Evidence of 



pendencc of the Bench in a great measure ? — I think the pen- 
sions allowed to superanuated, or retired Judges heretofore 
quite too large. 

480. Are there not too many depemfen-t r/ersons and holders 
ef office in the Legislative Council f — I think there are, to 
act independently, for the people. 



FRIDAY, 27th .MARCH, 1S3j, 

The Hon. GEO. II. M ARKLAND, lNsPFCTOR-Grt«RAL 
of Public Accounts, Member of the Exr.crTrvi Coi-ncii,, 
and Mejikr of tub Legislatiye Council, called in and 
Examined. 

481. In the return made to His Majesty's Government for 
1834, upon information obtained, it is presumed from your 
office, we find that £550 sterling paid to the Methodists is 
withheld. Why has it been kept back ?— It was inadvert- 
ently omitted in copying from the Warrant Book. As the 
authority for the payment was a despatch from Mr. Stanlev 
and the money was accounted for by the Receiver-General in 
the accounts transmitted by him to the Treasusry, there would 
be no want of information on the subject. 

482. In cases where the different public accountants may 
have neglected to transmit their accounts periodically to ynnr 
office for inspection, what steps have you taken ? — I take what- 
ever steps the law points out when they are controlled by the 
Paw. On other occasions, make it known to the Lieutenant 
Governor. 

483: Woultf it not be desirable that the whole ef your 
duties as Inspector General should be accurately defined by' 
law T — It would be much more agreeable to me, provided it 
was consistent in every respect with my office, which of course 
is subject to the orders of the Lieutenant Governor. 

484. What account have you to shew this Committee who* 
arc in arrear on leases, ferries, bonds, «fcc? — The account, 
so far as I am concerned,- has been transmitted with the public 
accounts, except in one or two instances where arrangements 
have been made with the parties, in order to save loss to the 
puhlic. 

485. Can you shew this Committee the detailed accounts 
and vouchers of the monies paid to the Methodists in 1883 
and 1834, amounting to £28001 — The vouchers are the war- 
rants in the bauds of the Receiver General. 

486. On referring to the Journals ol 1833-4 (Appendix 



The Hon. G. II. Marklaxd. 77 

page 19,) it appears that £281 15s 5.^1 was due by Mr. Soli- 
citor Genera) Hagerraan in a balance on his receipts as Col- 
lector of Customs several years before. How was that debt 
settled 1 — The Solicitor General claims a larger sum from 
government, which claim is now before the Council, and if 
allowed would be much more than a set off against that sunl- 
it therefore would not have been accurate to state it as money 
likely to become available. 

487. It appear* by documents sent down to the House, that 
£795 18s 10J and £143 13s llj £939 12s 8d sterling-, 
were paid to Mr. Chewett (from the duties levied under 14th 
Geo. 3rd) in 1832 and 1833 because he had paid over that 
sum, or half his salary and emoluments from 1st November^ 
1829, to Mr. Hurd the present Surveyor General — why was 
this payment made, and when did Mr. Hurd commence his 
personal services in this country ? — Reference to be had to the 
parties themselves. 

488. Is the Lieutenant Governor obliged, in matters of 
state policy, to ask your advice as an Executive Councillor ? — 
In jome cases the law directs that he shall consult his Council, 
bat not hi others ; with respect to the Land Granting Depart- 
ment he is required by the constitution to do so. 

489. If he asks the advice of the Executive Council is he 
obliged to follow it ? If he asks your advice and disagrees 
with you in opinion can he resist your suggestions and follow 
the dictates of his own judgment'? — An answer to this ques- 
tion is contained in the reply of His Excellency to an address 
of the Assembly on that subject. 

490. If the Lieutenant Governor sees fit may he not call 
for the opinion of any one, two, or three of the members of 
the Executive Council, without summoning the others'? — The 
Lieutenant Governor is at liberty to take advice of any one 
of his Council when he pleases. When he takes their advice* 
in Council, they are all summoned to attend. 

401. If His Excellency receive Despatches from the Colo- 
nial Office, can he act on them as he sees fit without the advice 
of the Executive Council? — It depends upon the nature of 
the Despatches. 

492. If he does ask their advice can he submit an extract 
©f the Despatch to their consideration, or are all despatches 
and communications between the Lieutenant Governor and 
the Colonial Office, enregistered and open to the inspection of 
all the members of the Executive Council ? — J do not answer 
tli.it question. 

493. lias the Lieutenant Governor the power of appoint- 
in- honorary and ordinary members of the Executive Coun- 
cil? — No, the appointments are made by the King. 

Assem. No. 21. <4 



78 Evidence of 

404. Have you read Mr. Elmsley's loiter, advertised in tir 
newspapers in resigning his scat at the Executive Council 
Board, and are the statements contained in it susceptible of 
any explanation? — I have read the letter and have nothing 
further to state on the subject, 

495. If the Lieutenant Governor should be desirous of 
paying away the revenue on his own responsibility, or with 
the advice of the Executive Council, without the sanction of 
law, what check is thereto prevent his doing sol — I think the 
question could be best answered by the Receiver General in 
whose charge the revenue is placed. 

496. To whom are the Executive Councillors responsible 
for the advice they give the Lieutenant Governor at any time ? 
— This question has been answered in the reply of His Excel- 
lency before alludecf to. 

497. In case the Executive Council had recommended r. 
grant of land to be given to any person on petition, during 
the period when land was granted here, could the Lieutenant 
Governor refuse or confirm their decision, at his pleasure, of 
was he bound by their acts 1 — He could refuse or confirm as he 
pleased. 

498. Referring you to the despatches of Sir Peregrins 
Maitland to Sir George Murray, printed by order of the House 
of Commons, and containing an account of certain circum- 
stances arising out of a military outrage, alleged to have taken 
place at the Falls of Niagara, wherein the private character of 
JMr. Forsyth, the complainant, is assailed, a select committee 
of this House denounced as " conspirators," and the House it- 
self described to His Majesty as " an unprincipled faction" — 
the Committee wishes to know by whose advice and on whose" 
responsibility these despatches were written V — T do not desire 
to answer that question. 

49P-. Would not the British Constitutional system, by which 
the head of the government is obliged to choose his Council- 
lors and "principal officers From among- men possessing the con- 
fidence of the popular branch of the fcegislature; he more 
suitable to the wants and wishes of the country', if adopted in 
Upper Canada, than the present irresponsible mode of gov- 
ernment? — I do not desire to offer an opinion on this subject. 

500. What arc your objections to an Elective Legislative 
Council ? — I have no desire to give an opinion on any general 
subject where the reasons for that opinion cannot be under- 
stood and recorded. 

§01. The vote by ballot in elections is prayed for in many 
petitions both to the Assembly and to His Majesty. What is 
voar opinion of this mode of voting? — 1 decline giving my 
©pinion upQU'that question. 



Tin: HoN.O. M. MarklaNd. 70 

'.'. Do you not consider the custom of pensioning the 
Judges to a large annual amount, hy orders from the Colonial 
Office, out of the Upper Canada revenue, and without refer- 
-etice to the Provincial Legislature, destructive of the indepen- 
dence of the bench in a great measure'; — I .do not give any 
opinion on that subject. 

503. How canatbench of judges, dependent on the Coloni- 
al Office for their customary retiring pensions, and indepen- 
dent of the House of Assembly, act impartially between the 
parties in cases where a collision may arise between the Le- 
gislative and Executive Departments in this Colony, or be- 
tween the British Statutes and Colonial Laws'? — 1 do not be- 
lieve it would influence their decisions, and is certainly bet- 
ter than their being dependent on the people. 

504. Do you think the Lieutenant Governors of themselves 
have a sufficient knowledge of the inhabitants of the several 
districts to enable them to select judicious persons as justice* 
oi the peace 1 — They may be possessed of it by making pro- 
per inquiries from the persons in those districts, and I have 
no doubt they do so, 

505. In case the House of Assembly, or large bodies of 
.the people, should be of opinion that a public officer deserved 
impeachment, by what means could he be tried 1 — The Go- 
vernor might be addressed to remove him from office, and if 
it were just he could do so, 

506. It is complained to His Majesty that sheriffs hold 
their offices in abject dependence on the will of a government 
irresponsible to public opinion ; that they choose the grand 
and petit jurors without reference to their fitness, but often 
from political considerations; what remedy would you pro- 
vide so as to secure to the subject a fair trial by jury A — They 
arc now governed in their duty by the law, and the law may 
be changed whenever the three branchesacccde to it, 

507. Have not the resident settlers, by the improvements 
they have .made, and the House of Assembly, by its liberal 
grants lor roads and bridges, and in aid of inland navigation, 
given to the public lands their greatly increased value, as 
compared with 1792? — Both circumstances have increased 
the value of those lands tcgether with the increased demand 
caused by immigration. 

508. Ought not the revenue arising from those lands to 
have been applied to the liquidation of the War Losses claims, 
instead of increasing the public debt and duties on imports 
for that purpose ° — I have no reply to make to that question. 

509. Do you know why the Province is paying £200 ster- 
!i,;;r a year to England as a pension to Sir D. W. Smith, a 
-Northumbrian Baronet? — I take it for granted it is by an or-i 
der from Iri^ .Majesty's Government. 



80 Evidence OF 

510. If £200 was considered an equivalent provision for 
a surveyor general, on what principle was £400 lately grant- 
ad as a pension to Mr. Chewett who merely held the oihcc of 
acting surveyor general? — It is by an order from the King'i 
Government that pensions are assigned to the servants of the 
Crown. 

511. Is it just that the Baptists, Quakers, Menonists, Tun- 
kards, Independents, Secedcrs, and other classes of Chris- 
tians, whose spiritual teachers receive no share of the public 
revenue for their religious services, that the Clergy of the 
Kirk of Scotland, the Catholic Bishop and Clergy, and that 
the Methodist Ministers should, without the sanction of the 
Legislature, have a bounty paid for a performance of their 
religious duties? — I have no opinion to give. 

512. Would it not be desirable that the Clergy and Crown 
Reserves and all reservations of land, otherwise than for edu- 
cation and roads, were disposed of for public purposes, under 
the control of the Legislature? — I have no opinion to giv# 
this Committee on those subjects. 

513. Ought not the whole public revenue to be paid in the 
gross into the exchequer or treasury of the Colony, and tha 
proceeds applied only according to law ? — I give no answer. 

514. What check has the House of Assembly on the other 
branches of the Government, as a means of preventing exe- 
cutive usurpation of popular rights? — The constitution is 
quite as well understood by every person present as by my- 
self. 

(The Witness withdrew.) 



27th March, 1835. 

JAMES KING, Esq., again called in and cramincd. 

514. *What influence have the Government pensions on the 
the Catholic clergy of this Province ? — These pensions convert 
some of them into politicians, and as Bishop McDonell is a 
pensioner himself and independent of the people, it makes 
him less anxious to promote the religion, of which, in this 
Province, he is at the head. I recollect on one occasion the 
Rev. Mr. Downey, an exceedingly intemperate man, was 
staggering through the streets, at noon day, intoxicated, coin- 
in o "from the hospital to Bishop McDonelTs house. I called 
the Bishop's attention to it through the press; hut nothing 
was done. I believe that the disputes between the Bishop 
and Doctor O' Grady had their origin in politics. 



Tin; Hon. am> Visn. John Strachan. 81 

Prior to the Bishop's return from his political mission 
through the Colony in 1831-1832, he left directions with Dr. 
O'Grady to call a' public meeting of the Catholic people of 
thh place to address His Majesty on behalf of the local Go- 
vernment; the meeting was called by the Inspector General, 
(Mr. Baby) and others and the requirement met with no support. 
The Bishop, on his return, expressed displeasure that Dr. 
O'Grady had not taken active means to insure the success of the 
meeting; he then called one himself. The Bishop sent forme 
that morning and requested that I would join him; I told 
him that 1 would attend no political meeting exclusively of 
Roman Catholics, apart from the rest of the population of 
ihe place ; when he took me by the arm to endeavor to get 
me to attend, but I would not. From that time forward the 
Bishop's manner was altogether changed, and I date frora 
thence the commencement of all the hostility which has sinca 
existed between the Bishop and the Rev. Dr. O'Grady. 



WEDNESDAY, 1st April, 1835. 

The riox. and Vex. JOHN STRACHAN, D. D., Archdea- 
con of Toronto, a Mi miser of the Legislative AxND 
Executive Councils, called in and examined. 

515. What offices and places of emolument and trust do 
you hold under the British and Colonial Governments? — Pre- 
sident of King's College, no salary until the University shall 
go into operation — Archdeacon of York, and Senior Member 
of the Executive Council. 

516. What sum is annually expended from public sources 
for education in this City ? And how man} children are there 
■educated between 6 and 161 — There are about 1200 children 
in this town ; but as to tile expense of their education I have 
no knowledge. 

517. What objections have you to the bill passed by the 
Assembly in the 10th Parliament, entitled, "An Act to esta- 
blish Upper Canada College," and intended to give a more 
liberal constitution to that public institution? — I have no re- 
collection of the provisions of the bill. 

518. What Board of Audit is there in the Province ? — I be- 
lieve it is generally known to every body. 

519. Is the Lieutenant Governor obliged in matters of state 
policy to ask your advice as an Executive Councillor? — 1 re- 
fer you lo the Constitutional Act. 

.")2 n . If he asks the advice of the Executive Council is hs 
obliged to follow it? If he asks your advice and disagreei 



&2 Evidence of 

vftFi you in opinion, can lie reject your suggestions and fol- 
low the dictates of lib own judgment 1 — 1 refer you to the 
Constitutional Act. 

5£l. If the* Lieutenant Governor sees fit. may lie not call 
for the opinion of any one. two or three of the Executive 
Councillors without summoning the whole ? — 1 cannot answer 
that question, because I do not understand its object. 

522. It* His Excellency receive despatches from the Colo- 
nial Office, c.3n he act on them as he sees fit, without the ad- 
vice of the Executive Council I — I have no answer to give to 
that question. 

C>23. tf he does not ask their advice, can he submit an ex- 
tract of the despatch to their .consideration, or are all dis- 
patches and communications between the Lieutenant Gover- 
nor and the Colonial Office, enregistered and open to the in- 
spection of all the Members of the Executive Council I — 1 
cannot answer that question. 

5-24. Has the Lieutenant Governor the power of appoint- 
ing honorary and ordinary Members of the Executive Coun- 
cil t — The Mandamus of the King appoints, whether the one 
er the other. 

.5*?5. Can Ice change an honorary into an ordinary Mem- 
ber? — No- 

226. Have you road Mr. Elmsley r s letter advertised in the 
aew^papers on resigning his seat at the Executive Council 
Board,, and are tiw? statements contained hi it susceptible of 
3«y explanation! — I have no hesitation in saying the state- 
ment was not correct. 

527. If a Lieutenant Governor should he desirous of pay- 
ing avray roe revenue on his own responsibility or with the 
advice af the* Executive Council; wii hoot the sanction of law, 
what cheek is there to prevent ru\ doing so 1 — 1 could not an- 
s-nrer that cf.teslkwj as it assumes a case of which! have no 
ejpeffenee. 

523. Sir P. M Mtland gave a Warrant upon Mr. Dunn, on 
iTrh Mbrch, 1825, for £141 14 8J for expenses incurred 
lor bireino - is for him and his suite in visiting ihe settle- 
ments ib the month o'C February previous. The order was 
given o:.< the Casual sod Territorial Revenue; can the Lieu- 
tenant Governors ^raut Warrants Sbr sums not authorised by 

•i'euti;" ? — \ have no answer to gii 
•of are the Executive Council responsible for 
f>ie advice they nvf the Lieuteu; rnor at any timet — 

I do n-y- - - ■ >n. 

Executive Coanc i\ had recotnmenaed a 
gvjant of >u on petition, duringtlie 

i k*hen la i was granted here, could ihe Lieutenant 



The Hon. and Yi:x. John Strachan. 

rernor refuse or confirm their decision at his pleasure, or was 
he bound by their acts I — The Governor may or may not agree. 

531. Referring you to the despatches of Sir P. Maitland to 
Sir George Murray, printed by order o*f the House of Com- 
mons, and containing an account of certain circumstances aris- 
ing out of a military outrage, aMeged to have taken place at 
the Falls of Niagara, wherein the private character of Mr. 
Vorsyih the complainant, is arsailed, a select committee of 
this House denounced as " conspirators," and the House it- 
self described to His Majesty as "an unprincipled faction ; '' 
the Committee wishes to know by whose advice and on whose 
responsibility these despatches were written ? — I have in* 
knowledge of the circumstance* 

532. When did your Patent as Archdisaeon of York issue? 
- — I was made Archdeacon in 1824, but owing as I believe to 
tiie death of the Bishop and the appointment of a new one, 
and the difficulty of dividing the Province into two Archdea- 
conries, the Patent was not issued 'till 1826 or 1827* 

533. Why do you speak of your salary as Archdeacon of 
York for 1825 in your letter of 3rd of March, ulto. to Colo- 
nel Rowan ?— I was considered to be entitled to my salary 
from the date of my appointment* 

534. The sum of £300 sterling appears to have "been pai4 
you when in England out of the Canada Company's funds: — 
in one Return to the House of Commons:, it is stated to be for 
iervices during the reference — in another to have been for ex- 
penses in attending the of agreement with the Ca- 
nada Company : — in your letter of 3rd March you state that 
it was for your sahuyas Archdeacon of York in 1825 — were 
two sums paid? — There was only one sum of £300 sterling, 
paid to me, and I understood it to be as I harve stated in my 
letter. 

. 3-M. Can you point out to this Committee any law of the 
Province establishing the Executive Council a Board to judge 
and audit the Accounts of pubii-c officers and others'? — I be- 
lieve that the Executive Council sat as a Board of Audit pre- 
vious to the enactment of the Constitution and has continued 
to do so ever since. 

536. I';ive your functions and salary as President of the 
"General Board of Education ceased, and if so, under what 
authority, and who has succeeded to the emoluments and of- 
fice ? — I understood, that in consequence of an address of the 
Mouse of Assembly that beard was suppressed. 

5 ;r. By what authority were the Statutes given out by 
■act in 1825, and after being we'll and cheaply done have 
ever since been given at a far higher- price to Mr. Stanton-?—- 
H have no knowledge of that micstioti. 



«j4 Evi£>exce of 

538. [Witness is shewn the Official Return of bills from the 
Assembly lost in, or lost by amendments, from the Legislative 
C MUiet'l, and asked] What change would you propose in the 
Legislative Council, so that it might better harmonize with the 
House of Assembly? — I cannot answer that question, for f do 
not understand it, unless it imply a change in the Constitution 
to which no loyal subject can consent. 

539. Are there not, in your opinion, too many dependent 
persons and holders of office in the Legislative Council t — 
Certainly not. 

540. What check would you propose against sudden, ill- 
advised, and injurious Legislation in the Imperial Parliament, 
on matters effecting the trade and commerce, and through 
them, the agricultural and general interests of the Province ? — 
I do not feel competent to give any opinion on thrtt subject. 
But this I know, that the parent state is ever ready to con- 
fer every benefit in her power upon her colonies, consistent 
with the genera! interests of the empire., and no colony can. 
with justice expect more. 

541. Was Mr. Appleton's application for his proportion of 
the public monies, as a teacher in this city, unfavorably reported 
on to the Lieutenant Governor by His Council? — I have ho 
recollection. 

542. When you were abso't in England m 22 months did your 
salaries, emoluments, and advantages from office continue to 
be paid the same as when you were at home doing the duly ? — 
The duties were performed at my own expense. 

5 V3. Does nota vast annual additional expense fall upon 
the Province, owing to the continual rejection of bills of a 
general character, sent up by the House of Assembly, rejected 
in the Legislative Council, and again introduced, debated and 
sent up by the House of Assembly 1 — f beg leave to state that 
tin- Legislative Council reject no bills without good reasons, 
and that body has always appeared to me to have made the 
good of the Province much more its study than ths House of 
Assembly, and need fear no comparison in true patriotism, 
wisdom, and ability. 

544. In what way can the popular branch of the Legisla- 
ture infill mce the government so as to secure the appointment 
of prop ir p -r ; m; a-; arbitrators, to decide on the proportions of 
revenue coming to Upper Canada from duties levied at the 
port of Quebec? — 1 do not answer that question, not under- 
standing why O4io branch of the L gi lature mo .ii ! have more 
influence than either of the oilier two ; but experience proves 
that, tha arbitral »rs of this Province have always conducted! 
the business with success and ability What more can ufc 
wished I 



Ho*, anu Yv.s. John Strachak. 88 

545. Would not the British Constitutional system, by which 
tin? head of ihe government is obliged to choose his Council- 
1 >rs anil principal officers from among men possessing the con- 
fiJence of the popular branch of the Legislature, be more 
s i i table to the wants and wishes of the country, if adopted in 
Upper Canada, than the present irresponsible mode of govern- 
ment?— I do not believe the government is an irresponsible 
o le ; the rest of the question is too va^ue 10 admit of a defi- 
nite answer. 

546. In what way is the government of this colony respon- 
sible to public opinion, as expressed by the representatives of 
the people in Parliament? — I could not answer that question 
otherwise than by saving, that the government is quite as re- 
sponsible as any other government. 

547. [The witness is shewn the Post Office Return, and 
asked] What mode would you recommend for the better gov- 
ernment of the Post Office, and for allowing the controul 
thereof to the Colony? — I have not given the subject consi- 
deration. 

548. In case public officers prove remiss in the performance 
of their duties, how or by what tribunal can they be tried ? — I 
am not aware of any, but I think a court of impeachment, 
under proper regulations, would be of great use — I think the 
Legislative Council would be a proper tribunal for that 
purpose. 

549. Do you not consider the custom of pensioning the 
Judges to a large annual amount, by orders from the Colonial 
Office, out of the Upper Canada revenue, and without refer- 
ence to the Provincial Legislature, destructive of the indepen- 
dence of the bench in a great measure ? — The Judges are 
rendered independent by law ; but the law is deficient, 
in as much as it does not provide for a retiring allowance to 
the Judges, if therefore there be any fault it is in the House of 
Assembly. 

550. Do you think Lieutenant Governors, of themselves, 
possess a sufficient knowledge of the inhabitants of the seve- 
ral districts to enable them to select judicious persons as jus- 
tices of tho paace 1 — Certainly I do, for they have the best 
so'ip-es of information, and are quite independent. 

551. It is complained to His Majesty that sheriffs hold their 
offices in abject dependence on the will of a government ir- 
responsible to public opinion ; that they choose the grand and 
petit jurors without reference to their fitness, but often from 
political considerations: what remedy would you provide so 
as :■■) secure to the subject a fair trial by jury ? — I cannot an- 

thai question, owing to its assumption?, which I do not 
admit. 



86 Evidence of 

552. Have not the resident settlers, by the improvement* 
they have made, and the House of Assembly, by its liberal 
grants for roads and bridges, and in aid of inland navigation, 
given to the public lands their 'greatly increased value as com- 
pared with 1792? — It is an incidental advantage which gives 
them no particular claim. 

553. Ought not the revenue arising from these lands to 
have been applied to the liquidation of the War Loss claims, 
instead of increasing the public debt and duties on imports 
for that purpose ] — I would not answer that question, for I do 
not admit its correctness, as the Government have given large 
sums for that very purpose. 

554. Ought not the whole public revenue to be paid in the 
gross into the exchequer or treasury of the Colony, and the 
proceeds applied only according to law? — I do not answer 
that question/ 

555. Does not the immense patronage of the local and gen- 
eral Government, uncontrolled as it appears to be by the 
House of Assembly, render nugatory in a great degree thV 
efforts of the representative body to assert and maintain its 
constitutional independence 1 — Certainly not, for the members 
ctf the House of Assembly have been the chief office holders 
and the chief office expectants for the last thirty years,' 

556. The vote by ballot in elections is prayed for in many 
petitions both T»;*^Fe Assembly and to His Majesty ; what t« 
your opinion of this mode of voting? — Nobody would ask foe 
the vote by ballot but from gross ignorance ; it is the naosf 
iorrupt way of using the franchise. 

557. Is it just to the Bkpt isfs, Quakers, Menonists, Tun- 
kards, Independents, Seceders, and other classes of Christian*, 
whose spiritual teachers receive no share of the public reve- 
nue for their religious services, = that the Clergy of the Kirk 
of Scotland, the Catholic Bishop and Clergy, and the Metho- 
dist Ministers should, without the sanction of the Legisla- 
ture, have "i bounty paid for the performance of their religi- 
ous duties? — That question is not put in a way in which I 
could answer it. 

557. The undue advantages and exclusive religious privi- 
leges granted to certain religious denominations are much 
complained of; would it not tend to strengthen good govern-' 
ment if they were altogether abolished? — There should be 
in every Christian country an established religion, otherwise 
it is not a Christian bn* - an Infidel country. 

559. The Government of Upper Canada docs not confine 
itself to, maintaining one form of the Christian religion; it 
selects four particular denominations; and" within the last two- 
years appeais to have paid them about £35,000", while thee 



'Whe Hon. and Yen. John Srachan. 8:7 

other sects received no part of the public monies: do you 
think tliis was a just course ? — The Government does so littjs 
m support of the Christian religion, that I am thankful they 
do this much. 

5f>0. Do you consider the Clergy Corporation legal? — 
Certainly I do. 

561. Are you aware that the Legislative Councillors re- 
ceive a far larger proportion of the taxes than they and their 
families contribute ?— -J have not the means of answering that 
question, for I am not aware of their receiving any share of 
the taxes whatever. 

562. Do you think the local .knowledge possessed by the 
^-Lieutenant Governors of this Colony generally, sufficient to> 
enable them to nominate independent men, otherwise well 
qualified, to the office of.Legislative Councillor! — 1 tbink the 
information is very open to them. 

563. Has not the present irresponsible system of govern- 
ment in Upper Canada, a tendency to discourage the emigra- 
tion of the more wealthy and enterprising class of emigrants 
into the Province ?— rCertainly not ; the Executive Govern- 
ment does every thing to encourage emigration, but the slan- 
derous newspapers make people at a. distance believe that 
there are difficulties in the Province, .and produce a contrary 
, effect. 

564. In your letter of die 3rd of March, to Colonel Rowan, 
•in explanation of a payment of £500 or £524 sterling, made 
to you in London from the Canada Company's fund, you state 
that it was to defray charges respecting Kind's College ; we 
are desirous to ascertain for the information of the House, the 

^way in which this money was expended, and ihe particular 
items of expense ir. :urred by you, for which this was your 
remuneration 1 — I have no further explanation to give than 

i|rhat my letter contains. -Wke Colonial Department, under 
whose direction it was expended, was satisfied, and no part of 
the £500 remained with me. 

565. On referring to public documents within our reach, we 
find that £324, and £524 sterling, and £712 16s 2d, and 
£678 6s 8d, and 2000 acres of land in the Gore of Toronto, 
v»ere given or paid to you when in London or since, on ac- 
count of your journey to England, or on matters therewith 
connected. It also appears that since the 1st day of January, 
J826, you have received £2,250 as President of the Board o! 
Education, up to January 1833; £2700 as Archdeacon ot 

York, and £1000 as an Executive Councillor; besides sunn 
11 for dilapidations on your living ;" for the gaol ground ; for 
the " small strip rents," Toronto ; for the acre, formerly the 
Hospital Square, with other sunib. For the information tu 






8(3 EviDKrsvi; of 

this Committee, and in order to prevent misrepresentations 
and misapprehension we are desirous that you would furnish 
the Committee with a statement of all monies or grants, as 
payments made to you, for any purpose whatsoever, since 1st of 
January, 1826, whether from Colonial Revenue, Crown 
Lands, the Society for promoting Christian Knowledge, His 
Majesty's Government, rents of reserves, clergy grounds, 
glebe rents or uses, or from any other public source whatsoever, 
either here or in England 1 — For a complete explanation of 
the various matters contained in this question, I beg leave to 
refer to two letters addressed to Lieutenant Colonel Royan ; 
one bearing date the 31st January, the other the 3rd Fe- 
bruary,* both are I believe in the possession of the Commit- 
tee. In these will be found answers quite satisfactory to 
every honorable mind. 

I must at the same time enter my protest againsi the man- 
ner of putting this question, which is evidently calculated to 
mislead the careless and ignorant, though I am willing to be- 
lieve that such could not be the object of the Committee. 

Various sums are mentioned, which were paid at different 
times, for great and important services, and items of annual 
income are multiplied by ten, as if I had received such laige 
sums at once; whereas they are spread over fhe spuce of 
ten years, and ought, in common decency as well as in jus- 
tice, to have been specified according to their annual amount, 
or ono tenth partof that which the question makes them. 

(The Witness withdrew.) 



MONDAY, 6th April, 1885. 

The Hon. PETER ROBINSON, Legislative and Exe- 
cutive Councillor, and Commissioner for the sale of 
Crown Lands, &c„ called in and examined. 

566. How often do you account to the. Inspector General foryour 
intromissions as a manager of Public hinds ? — Half yearly for 
Crown Lands sold, and at the end of each year for the dues on 
Crown Timber. 

567. Do you, as a Member of the Executive Council, audit your 
own transactions, in your several capacities of Crown Land Com- 
missioner, Commissioner for the sale of Clergy Reserves, nod 
Surveyor General of Woods ; or nre these accounts submitted 



* It is probable that the witnrr-p alludes to hip letter of the 3rd r>f 

March, J 835, lh< re Loins: no leUei of 3rd of February on the Records 
©f the House of Assembly. 



The Hon. P. Robinso.v. 8flL 

\» bo supervision whatever on this side the Atlantic?-?! Jo not attend 
the auditing of my own accounls. In ihc first instance, they are 
sent to the Inspector General tor examination, and by him sub- 
mitted with his remarks to the Council, for audit. 

563. Were the laborer* under the late Mr. Roswell Mount's 
superintendence paid for Sunday work? Occasionally they were, 
as it was necessary that there should be no delay in preparing 
houses' to shelter the Emigrants as they arrived, as well as to 
erect Store-houses, and an Hospital. 

569. Could not the Surveyor General perform the duty you are 
paid £500 sterling for, under the title of " Surveyor General of 
Woods" ? — I think the duties of the present Surveyor General 
occupy all his time. 

570. Is the large number of Clerks in your office essential to the 
transaction of the public business entrusted to you? — They are 
all absolutely required. The House of Assembly having raised 
the salary of the Clerks in other public offices, the Clerks in my 
own petitioned the Governor in Council to be placed on the same 
footing ; and I received an order directing me to make the addi- 
tional allowance. 

N. B. — The latter part of this answer was given in reply to a 
question respecting the increase of salary allowed to my Clerks. 

571. Have not the resident settlers, by the improvements they 
have made, and the House of Assembly, by its liberal grants for 
roads, bridges, and in aid of inland navigation, given to the public 
lands their greatly increased value as compared with 1792 ? — Yes, 
no doubt. 

572. Ought not the revenue arising from these lands to have been 
applied to the liquidation of the War Loss Claims, instead of in- 
creasing the public debt and duties on Imports for that purpose ? 
— I decline answering that question. 

573. Does not the immense patronage of the local and general go- 
vernment, uncontrolled as it appears to us to be, by the House 
of Assembly, render nugatory, in a great degree, the efforts of 
the Representative body, to assert and maintain its constitutional 
independence ? — I decline answering that question. 

574. Do you approve of the government paying, without the 
consent of the Assembly, for the religious services of four Chris- 
tian denominations ? — I decline auswering that question. 

575. Would not the British Constitutional system by which the 
head of the government is obliged to choose his Councillors, and 
principal officers from among men possessing the confidence of the 
popular branch of the Legislature, be more suitable to the wants 
and wishes of the Country, if adopted in Upper Canada, than 
tiie present irresponsible mode of government ? — I decline an- 
swering that quesiion. 

576. Do yon not consider the custom of pensioning the Judges to 
larjjp annual amount, by orders from the Colonial Office, out of 
th« Upper Canada Revenue, and without reference to the Provin- 
cial Legislature, destructive of the independence of the Bench 

great measure?-*-! am not prepared to answer that question. 



$0 EviDKXck OF 

577. Do you think th*Lieutenant GofcrDon of tberoMlvea possea* 
a sufficient knowledge of the inhabitants of the various District*, 
to enable them to select judicious persons as justices of tha 
Peace ? — The Lieutenant Governor has' various' sources from 
which to obtain information as to persons qualified to be Magis- 
trates, among others, from the 'Members of the House of Assem- 
bly at theii an mal meetings. 

578. Incase the House of Assembly, orlarge bodies of the people, 
should be of opinion, that a public officer deserved impeach- 
ment — by what authority could he be tried ? — I am not aware of 
any power ves'ed in any tribunal here for that purpose. 

579. It is complained to His Majesty, in petitions numerouslj 
signed that Sheriffs hold thehf offices in abject dependence on the 
will of a government irresponsible to public opinion, that they 
.ehocse the Grand and Petit Jurors without reference to their fit. 
uess, but often from political considerations. What rojsvedjr 
•would you provide so as to secure to the subject a fair trial by 
jury ?--4 have not given the subject sufficient consideration to 
enable me to suggest any better mode than the present. 

580. Would it not be better that the sale and disposal of tha 
public lands and other public property were in all cases regula- 
ted by law ? — I see no objection to such a xneasure. 

' 58i. Ought not the whcle public revenue to be paid in the gross 
into the Exchequer or 'JT reasu O' of the Colony, and the proceed* 
applied only acoo^dk>g to law 1 — I must.decline u-isweving that 
question. 

582. Would not it be advisa >Te that the Clergy and Crown JSe- 
eerves and all reservations of larjd,otherwise than for education and 
roads were disposed of for public purposes, under the control of 
the Legislature? — I must decline answering that question. 

583. What check has the House of ssemhly on the otjber branch- 
es of the government, as a means of preventing Executive usur- 
pations of popular rights ? — I think the sum annually required 
from the Assembly to carry on the public service, is a sufficient 
js heck. 

584. Has not the present system of government in Upper Canada., 
tendency lo discourage emigration of the more wealthy and en- 
terprising class of cniigiants into the Province ? — 1 do not think 
it has, hitherto. 

v 585. The vote by ballot is prayed for in many petitions,hoth to th« 
Assembly and to His Majesty; what is your opinion of thia 
mode of voting ? — I hare always been opposed to the vote t>j 
Fallot. 

586. Would you favour the Committee with your reasons why you 
are opposed to it 1 — I am opposed to it .on the ground of its not 
being in accordance with the practice pursued in the parent 
state, and from the conviction I feel that the vote by ballot docs 
not afford any additional protection to the individual in the exer- 
cise of his right, as it is notorious that it is always well known 
to which party he gives his vote and interest. 

537. Ho you know why this Province is paying j82CO sterling a 
year fo England, as a pension to Sir D. W. Smith, a Northiun 
jbriao JJaicnet? — 1 do not. 



THt; How, P. Roaixsox. 91 

•j 01 " 3 . U the Lieutenant (Governor obliged iu matter! of State Po 
lie v. to ask youradvice as an Executive Councillor/ — Only in cases 
where tiie 31st of (he King requires thai he shall act with th* 
advice of the Executive Council. 

589. It he asks the advice of the Executive Council, is he obliged 
to follow it. If he asks your advice and disagrees with you in 
opinion, can he reject your suggestions, and follow the dictates of 
hi* own judgmen ? — I decline answering that question. 

590. If His Excellency receive Despatches from the Colonial 
Offiec, can he act on them as he sees fit; without the advice of the 
Executive Council I III e does ask their advice, can he submit air 
extract of a Despatch to their consideration, or are all Despatches 
and communications between the Lieutenant Governor and the 
Colonial Office, enregistered, and open to the inspection of all 
the .Members of the Executive Council? — I decline answering 
that question. 

591. Have you read the Horn Mr. Elmsley's letter advertised inf 
ihe. newspayers on resigning his seat at the Executive Coun- 
cil Board? The letter is as follows: — 

Holland Hovsk, > 

York, Dtctmbrr &4 «J33. \ 

-Sir, 

44 In order to prevent any misconceptions as to the mo- 
" lives which have induced me to resign my seat in the Executive 
** Council, I beg to be permitted to make your paper the channel 
44 through which my reasons for taking that step may be communt- 
" cated to the public in I heiF proper light. In the year 1830, His Ma- 
44 jesty was gracousiy pleased, in compliance with the recommen- 
'* dition of His Excellency Sir John Colborne, to call me to the 
44 Executive Council of this Province. For that mark of His Ma- 
*• jesty's Royal favour and of His Excellency's consideration, I feel 
44 highly proud and deeply gratefu 1 , but since I have assumed the; 
44 <luries of that high office, I find that I cannot ti-ariessly express 
• 4 my real sentiments and opinions, if opposed to the Government 
44 for tiip time being, without incurring the risk of dismissal from 
44 that Honorable Board, which constitutes my inability to advance 
** the public good. { have therefore deemed it expedient, most 
44 respectfully, but reluctantly, to tender the resignation of my seat 
'♦in the Executive Council." 

44 JOHN ELMSLEY." 

Are these statements true ?-^- A man may act quite independ- 
ently, and retain his seat rs au Executive Councillor. 

502. What public accounts have the Executive Council been in 
the habit of examining tt\u\ auditing of lat years J — All tbe accounts 
ef expenditure within the Province, except the monies appropria- 
ted bv the Legislature for roads or other purposes. 

593. \A hat is your opinion as to the establishment of a general 
board of audit in this Province ? — I think it would be advantageous 

B94. (Bishop M'Donell's letter respecting the character of the 
Government, shewn to witness, who is asked) 4l Can you explain 
this letter in any \my to this Committee?— No, I was not a me, li- 
ter of the government at the period the writer alludes to. 



92 Evidence of 

5f>5. 1? anypart of the judicial, ecclesiastical or civil establishments 
oi this Province, defrayed from funds raised out of Upper Cana- 
da? — I know of no other than the monies arising from the inte- 
rest of the proceeds of Clergy Reserves, remitted to England, 
and vested by the Lords of the Treasury in the funds. 

ob*6. Considering that you have chosen to decline answering a 
number of political questions on matters of opinion, rather than of 
facts, it may be proper to ask you, whether the Legislative 
Council, would not be more likely to harmonize with the House 
of Assembly, and would not its members be more independent 
were they unconnected with offices and emoluments held during 
tne pleasure of the Executive? — 1 beg to assure the Committee 
that in refusing to give my opinions on certain political questions, 
I have not been governed by auy captious motive, but that I have 
done so from the conviction that the confidential situation I hold 
under His Majesty's Government, would make it improper for 
me to express such opinions in any other place, than where my 
duty requires I should. 



MONDAY, Cth April, 1835. 
THOMAS BAYNES, Esq. called in and examined. 



597, Tn 1835, you are stated in the Blue Book, to have re- 
ceived £lf)0 as Senior Clerk in the Crown Lands' Office, and 
£150 as Secretary to the Corporation for managing the Cler- 
gy Reserves. The same authority for 1834, shews, that in 
that year, both your salaries were raised — the first to £200 ; 
&, the second to 300 ; is this the case 1 — Did you receive £300 
in 1&34 for services similar to those for which in 1833 you liud 
£300? — In May 1833, I was appointed Sec\ to the Clergy 
Corporation with a salary of£l50 per annum, at which period I 
held the situation of senior clei k in the Commissioner for Ciown 
Lands Office, with a salary also of £150 per annum, making 
£300 per annum. In 1834 in consequence of the great in- 
crease of business in the Clergy Corporation Office, J found 
it impossible to attend properly to the duiies of both offices, 
and upon my representing the circumstance, it was ordered 
in Council, on the 3rd April, 1832, thai I should attend en- 
tirely to the duties of the Clergy Corporation Office, and 
ihat I should receive a salary of 300 per anntum. My salary 
therefore m t4ie Commissioner for ('.own Lands Office ceased 
on irre 3 1st March, 1834. 



S. P. IIi-rd, £*& 03 

7th" April, 1835. 

Mr. HENRY PANNEBACKER, Farmer, Waterloo, 
Count v of Hilton, Got.e District, examined. 

59S. You had a note in the Bank of Upper Canada? — 
Yes. 

599. Was it paid regularly] — No. 

600. What has been the consequence 2 — 3 lawsuits were 
begun and carried down to trial on one note by Clarke Gam- 
ble, Esq. the Attorney for the Bank. The note was for £50, 
the interest came to £3 2s 2d, and the costs to £30, although 
the parties whose names were to the note, lived close together, 
thirty miles were charged upon the service of each paper, 

The Witness delivered in an account as follows : 

" The Bank cf Upper Canada vs. Henry Pannebacker, Joan 
Gi?crnik, and Abraham Pannebacker." 

u 30 miles charge upon The service of each paper." 

"3 Suits and carried down to trial." 
• " Amount of note, £50 

"Interest, 3 2 2 

£53 2 2 
"Costs, 30 

£83 2 2 
"Cr. bv cash 63 



£'20 2 a 
* To be paid by 1st May at Hamilton, to Mr. Stevens." 

C. GAMBLE. 
Cth April, 1S35. 



SAMUEL P. HURD, Esq. Surveyor General of L'ppeb 
Canada. 

601. What is the date of your appointment to the ofnee of 
Surveyor General? — 1st Nov. 1829. 

602. When did you enter upon the duties of that appoint- 
ment in this colony ?— 22d .May, 1832. 

603. Did you receive any salary, fees, or Other allowances 
as Surveyor General, for the time that elapsed between the 
date of your appointment and the period at which your per- 
sonal services began in this colony, as head of your depart- 
ment ? — And if so, whit snhry or allowance did you so. re- 
ceive, and by « ! — I received six. months nay in 

rim. No. 21. 9 



94 Evidence of* 

full for the first six months after my appointment ; and sub- 
sequently, half saKiry and emoluments to ihe time of my ar- 
riv»l in Canada. Tiie authority, was an order from His Ma- 
jesty's. Home Government. 

604. It appears by documents sent down to the House of 
Assembly, that £798 18s 10J, and £143 13s lij, steiling 
money, were paid to Mr. Cliewett in 1832 rind 1833, out of 
Fund A, otherwise known as the duties levied under the Act 
14ih Geo. 3d, without the knowledge or consent of the Le- 
gislature, because he had paid over those sums or half his sa- 
1 iry and emoluments from 1st of Nov. 18 29, to you ; why was 
ha called on to refund this money to you, and what were the 
services you rendered therefor 1 — The sum of £795 18s lOjd 
is the emolument as is stated arising to W. Chewett, Esq. as 
the pay of his official appointment as Principal Clerk, and 
senior Surveyor and Draftsman — with the half emoluments 
of the Surveyor Generalship. The £143 13s lljd is simi- 
larly accounted for. The reason why that gentleman paid 
over the half of the salary to the Surveyor General, being 
the sum accruing during his absence from the Province, sub- 
sequent to his appointment, is explained by the despatch 
from the home government, already alluded to, expressing its 
pleasure and conveying its directions on that subject. 

G05. What was your income as Surveyor General in 1834, 
including all fees? — Six hundred a year, sterling, being a di- 
minished income. Fees about £75 currency* 



FRIDAY, 10th April, 1835. 
W. W. BALDWIN. Esq. Toronto, called in and examined, 

f>06. Some years ago a Committee of the inhabitants of this 
district held a correspondence through you (as chairman of 
a general meeting) with Lord Viscount Goderieh, and other 
gentlemen of influence in England, and petitions were agreed 
to* and sent home. Have you preserved any of the letters 
addressed to you at that period concerning the affairs of the 
Colony « — I have the letters I received. 

607. Would you have the goodness to lay then) before this 
Committee? — I now present the same. [The Witness delr- 

* Kee draft «f petitrori armexod, as above referred \m, 



\Y. W. Balowci, Esq. 95 

▼ered to the Committee three autograph letters , one from 
the Right Honorable E. G. Stanley, one from Mr. Hume, 
and one from Lord Viscount Goderich, which are attached 
to this evidence,] as follows: — 

Whitehall Yard, April 24, 1829. 

SIR, 

I have t lie honor to acknowledge the receipt within 
these few days, of your letter of the 3rd of January, enclosing the 
Resolutions of a Public Meeting at York (which I had before seen 
in the Canada paper?) and also of a Petition to His Majesty and the 
other branches of the Imperial Legislature. I have not. yet received 
the original petition referred to, which the meeting have done me the 
honor of entrusting to my care for presentation to the House of 
Commons. I cannot therefore express any opinion upon the word- 
ing of that Petition, which must necessarily be in some degree va- 
ried from that of which I have received a printed copy, inasmuch 
as this, addressed to the King, contains recommendations and pe- 
tit-ions upon various points intimately connected with the practical 
exercise of the undoubted prerogative. Replying therefore in some 
degree rather in the dark to the letter which I have had the honor of 
receiving from you, I may be permitted o say that you and the Com- 
mittee do me no more than justice in supposing that whatever my 
ability maybe, I shall always be happy to exert it to the utmost in 
the maintenance of the Constitutional rights of the Colonists, and 
in making known, and procuring the redress of any grievances of 
which they may have just cause to complain. In the exercise of 
that duty, on the other hand, I shall never shrink from expressing 
my opinion, when I think that their expectations go beyond those 
just rights, or when those supposed grievances are pushed beyond 
their proper limits ; a d in so doing I shall conceive that I best dis- 
charge my duty, not only as a Member of the British Parliament, 
but as a sincere friend to the real interests of the Colonists. 

In the Petition of which I have received a printed copy, I ana 
extremely happy to see that many of the evils complained of, and 
many of the suggestions for their remedy, had in fact been antici- 
pated by the recommendation of the Committee of the House of 
Commons, of which I was a Member — a committee which received 
indeed very little evidence especially from Upper Canada, but which 
manifested universally as anxious a d. sire to come at the real truth, 
and to do impartial justice, as any committee upon which I ever 
had the honor of sitting. 

With respect to the inviolability of the Constitution of 1791, 
and the limits of the respective jurisdictions of the Imperial and 
Provincial Legislatures, a point most delicate to touch upon, 
and most difficult to define, the Committee have, I think, expres- 
sed themselves (Report p. 8.) in a manner which must be satisfac- 
tory to the Canadas generally. 

Upon the subject of the Constitut'on of the Legislative Counc ; l, 
(which I do not hesitate to say, without any disrespect to or reflec- 
tion upon the individuals who compose it, ia at the root of all the 
evils complained of in both Provinces) — upon the exclusion of the 
Judge?, with the single exception of the Chief Justice, from all in- 



DG Evidence of 

terfereno : e in political business — and upon tho necessity of introduc- 
ing- some alteration into the present Jury system — the three most 
important points of your Petition, you will find that the opinion or* 
the Committee entirely concurs with yours —and that opinion I am 
disposed to support to the utmost of my power. 

The absence of the Judges, I am inclined to take upon somewhat 
different grounds. As a substantive proposition there cannot be a 
doubt of the propriety of the prayer of the Petitioners upon this 
head : and I should even go the length of saying, that it must not 
only be a "most reasonable" but a very urgent ground, which ought 
to be alleged for giving a leave of absence to a Canadian Judge. — 
It is because I think the proposition in itself so undeniable, that I 
regret to fmd it mixed up with a peculiar case, involving much of 
party, and much of personal excitement — I mean of course the re- 
moval of Judge Willis. Upon the limited information which I have 
obtained of this case, chiefly however from parties favorable to the 
Judge, I cannot ' :i "£> without expressing any opinion as 

to the legal construction of the disputed Act, and even admitting 
him to be right in his Nation, that his mode of giving that 

interpretation, aud subsequent conduct, is open at least to tho 
charge of indiscretion ; aud necessarily placed the Government in 
a situation to have at least a fair excuse for his removal, if they de- 
sired it ; and feeling this very strongly, I cannot but regret that this 
personal case should occupy so much of the space devoted to the 
constitutional grievances of the Province. 

With respect to the appointment of the Judges during pleasure, 
and not as in England, during good behaviour, giving also the 
power of impeachment before the Legislative Council, I must ac- 
knowledge my belief that the circumstances of the colony do not 
at present warrant such a step, however anxiously I may desire to 
see the time when they may do so — but at present I conceive such 
independence upon the Crown would practically be dependence up- 
on the people, more especially unless they hold permanent salaries, 
of which nothing is said ; — and the very terms of the Petition seem 
to limit a future time, when they speak of the Legislative Council, 
"being so modified as to become an independent branch of the Le- 
gislature" — to such a modification I fear time, as well as Parlia- 
mentary enactment, or recommendation, may be wanting. In the 
meantime I highly approvo, as a general practice, of the appoint? 
ment of Judges from the English Bar — but I think it could hardly 
be made a general rule, without too much discouraging the legal 
profession in Canada — nor is it properly a subject for the interfer- 
ence of the British Parliament. The same objection may be urged 
to the agitation of several of the minor grievances complained of. 

On the last, and one of the most important topics, namely the 
appointment of a Local Ministry, subject to removal or impeach- 
ment when they lose the confidence of the people, I conceive there 
would be great difficulty in arranging such a plan — nor are the 
wishes of the Petitioners very clearly expressed — for in point of 
fact the remedy is not one of enactment but of practice — and a con- 
stitutional mode is open to the people, of addressing for a removal 
of advisers of the Crown, and refusing supplies, if necessary to 
enforce their wishes. — I do however think that something might be 
$©ne with great advantage, to give a more really responsible chari 



W.'W. Bau>whij Esq,, 97 

acfcer to tho Executive Council, which at present is a perfectly ano- 
malous body, hardly recognised by the Constitution, and effective 
chiefly as a source of patronage. 

I ought not to conclude without acquainting you that as it is a 
breach of parliamentary forms to allude in any petition, to the 
speeches delivered by members i.i their places, the direct animad- 
versions in your Petition upon the speech of Mr. Huskisson may, 
ami probably will, be taken as a technical ground to prevent its re- 
ception : the debate however may equally be taken upon it, and 
I shall take an opportunity previously of communicating with Sir 
George Murray, that he may be prepared to state on that occasion 
the views of Government relative to the vaiious points adverted to. 

I have now, Sir, stated to you without reserve, though briefly, 
my general views of the different points of your Petition. — If lean- 
not entirely concur in all of them, I give you at least a pledge that I 
shall not be deterred by any considerations from expressing my real 
opinions, and from supporting your cause, when I can conscientir 
ouely do so, in Parliament, with whatever power I may possess. 

I have only to express in addition my sense of the honor done 
me in confiding this Petition to my care, and my hope that nothing 
in my public conduct will forfeit the confidence reposed in me. 

I have the honor to be, 

Sir, 

Your obedient humble servant, 

E. G. STANLEY. 
W. W. Baldwin, Esq. 
York, U. C. 



London, 1st May, 1829. 

SIR, 

On the lOih of April I received your letter of the 3rd 
of January, inclosing a copy of the Resolutions of a Meeting of 
the People of Upper Canada, and of a Petition agreed upon by 
them to the House of Commons. 

I have not heard of the arrival of the Petition, but when present 
ted by Mr. Stanley I shall be happy to support it as I concur in the 
prayer. 

I am confident that much oppression and misgovernment takes 
place in the Colonies by the Government at Borne being kept in ig- 
norance of the truth, and the best mode to obtain redress is to a.>- 
p!y to the Secretary of the Colonies direct, and to send to some 
Members of the Commons copies in form of petition to be presen- 
ted if the Secretary does not afford relief. 

The present Secretary Sir George Murray has, in his place in 
the House of Commons expressed the best opinions and principles 
on which he intended the Colonies shall be governed, and we are 
anxious to know whether his orders are to enforce those principles. 

The Assembly in Upper Canada should agree to nothing which 
is not for the interest of the community and the proper controul 
over every item of expenditure should be the first and most impor- 
tant object for them to attend to. We understand that orders have 



98 Evidence or 

been sent out to make the College of Dr. Strachnn open t» ail leeti, 
«nd that it is to he also under a joint management of all sects of 
Protestant?, and there is nothing the Canadians should be mora 
cautious about than the encroachments of the Church of England 
to any thing like a dominant religion. 

I have endeavoured to cut off the supplies of money voted by Par , 
liament for the Church of England missionaries, bat us yet with- 
out success. — I shall not cease to repeat my endeavours in that res- 
pect as I consider it most important to the peace of all the Norih 
American Colonies. We expect to hear that some changes hava 
been made respecting your Council, and I agree with you that un- 
til these are responsible, and removable on the call of the people 
for abuse of power you will not be right. 

Wishing every success to your endeavours, and trusting you w : l! 
persevt re steadily and moderately in the course you are pursuing to 
establish your rights. 

1 remain 

Your obedient servant, 

JOSEPH HUME. 
W. W. Baldwin, Esquire, Chairman of a Pub- 
lic Meeting at York in Upper Canada. 



London, May 7th, 1829. 
SIR, 

I have to apologize for not having acknowledged, at 
the time when I received it, your letter of January 3rd, communi- 
cating to me the intention of a large body of the people of Upper 
Canada to entrust to me a petition addressed by them to the House 
of Lords. But as the letter which I then had the honor to receive 
from you, was not accompanied by the petition itself, I thought it 
would be better for me to wait till that document should reach me, 
before I troubled you with my letter. 

I have now received the petition, and shall not fail to present it 
at an early period, to the House ol Lords. Tt is necessary however 
that I should state that I am not without some apprehension that 
there may exist a technical difficuly in the way of its reception, 
in consequence of its containing a direct reference to certain words 
supposed to have been used by Mr. Husk if son in the House of 
Commons during the last session. The Houses of Parliament are 
very particular upon this point, and I have known more instances 
than one where petitions have not been received in consequence of 
a similar reference to speeches made by members of Parliament. 
I shall however tender your petition to the House, which will of 
course decide whether it can be received or not. In the mean time I 
beg you, as well as those on whose behalf you have transmitted the 
netition to me, to believe that I am fully sensible of the honor which 
they have done me in selecting me as the channel of communica- 
tion between so large a portion of the people of Upper Canada and 
the House of Lords. It cannot but be highly gratifying to me to 
Jearn that I owe this distinction to the manner in which, upon a 
particular occasion most in eresting to that country, I discharged 
mv duty as His Majesty's Secretary of State for the Colonies ; and 
J assure you that I retain an anxious desire to see that portion of 



W. W. Baldwin, Esq. Q$ 

thf Kind's dominions flourishing, contented and happy. It will be 
my du ; y to give my beet attention to the various important particu- 
lars adverted to in the letter which you hnve addressedMo me, and 
in the petition which has followed it; and if in some respects I 
may not concur in all the opinions entertained by yourself and the 
petitioners, I venture to trust that you and they will be disposed to 
ascribe it to anything rather than md'fTerence to the feelings or 
the interests of the Province of Upper Canada. 

I am of course not in possession of the sentiments of His Ma- 
jesty's Government upon the various matters to which the petition- 
ers wish the attention of Parliament to be called : but the Commit- 
tee which t=at during the last session have upon many important 
topics expressed opinions which appear to be much in unison with 
those entertained by the Colonists, and which have doubtless alrea- 
dy attracted the notice and consideration of the Government. The 
appointment of that Committee, and the extent to which they 
carried their investigations, are strong proo r s of the ready disposi- 
tion of the government and the Legislature of the parent country 
to watch over the concerns of so important and valuable a depen- 
dency of the Crown, which requires nothing but a wise, just, and 
liberal administration of its affairs, to secure to its inhabitants that 
encreasing prosperity which from its great natural resources it is 
entitled to anticipate ; and if in any way 1 can contribute to the 
promotion of so interesting an object, it will always be a matter of 
great personal gratification for me to do so. 

I have the konor to remain 
Sir, 

Your obedient humble servant, 

GODERICB. 
W. VV. Baldwin, Esq. 



PETITION 



To the King's Most Excellent Majesty (and to the several other 
tranches of the Imperial and Provincial Legislatures.) 

We, your Majesty's dutiful and loyal subjects, inhabitants of 
Upper Canada, are constrained by the most painful necessity to> 
appeal to the justice of your Majesty against the mis-rule of the 
Provincial administration, and humbly to point out to your Majesty 
the alarming increase of our grievances, and the necessity of thefr 
redress-, as they become more and more inveterate from the patience 
w.th which we have hitherto endured them. We offer our warmest 
thanks and gratitude to your Majesty for appointing to be a j dje 
over your Canadian people, the Hon. John YValpoie Wiliis, whose 
private virtues and acknowledged learning, blended with high and 
uncompromising principles, uniformly evinced in the impartial dis- 
charge of his judicial duties, have already endeared him to the 
country, as one of its greatest blessings, and as affording to the 
people the most flittering presage of a new era in the administra- 
tion of justice — of this blessing we have been unconstitutionally 
deprived, and misrule has at length become so bold, and power so 
iittHscrimiaats of its victims, as to spurn from the judgment yea? 



100 



Evidence of 



the houorable Mr. Justice Will;?, who there presented what has 
long been wished for but seldom seen, the stem and fearless inte- 
grity and independence of a British judge. Such judicial integri- 
ty aud independence are alarmingly endangered when such a 
judge, without impeachment aud even without a charge, can be so' 
ignominiously amoved from this high office. 

Although we entertain the fullest cdBiiler.ee in your Majesty's 
desire to promote the happiness and P-^lBtf the rights of British 
subjects throughout your ample and glorrous dominion?, yet our 
hopes of speedy redress are not a little d-fcourn god, by a know- 
ledge that while we, on our part, open t.o^|^kr Majesty the abuses 
and oppressions growing upon us, the verypersons we accuse arc 
pressing through other channels, affording a more favorable access 
to your Rdyal belief, those interested misrepresentations, which are 
designed both to promote misrule, and protect the authors of it ; 
for it cannot be forgotten that misrepresentations from such sources 
have already recently endangered our civil and religious liberties 
and cruelly vilified and traduced the fair characters of the dissent- 
ing denominations of Christians in this Province. And the im- 
pending consequences of such secret misrepresentations are further 
apprehended from the tenor of the speech of the Right Honorable 
Wm. Huskisson, your Majesty's principal Secretary of State for 
the Colonies in the Imperial House of Commons, as reported in 
gome of the public prims. 

Notwithstanding defects in the law defining our Constitution* 
we are, nevertheless warmly attached to it, and view with just fear 
every attempt to amend it, without the intervention of our Provin- 
cial Legislature which is the constituted guardian of our rights 
and liberties, and which, considering the great distance of the Im- 
perial Legislature, can best understand our necessities and apply 
the proper remedies. It has long been the source of many grievan- 
ces, and of their continuance, that the Legislative Council is form- 
ed, not of an independent genlry taken from the country at large,- 
but of Executive Councillors and placemen, the greac majority of 
whom are under the immediate, active, and undue influence of the 
person administering your Majesty's Provincial government, holding 
their offices at his mere will and pleasure. Hence arises in a great 
measure the practical irresponsibility of Executive Councillors and 
other official advisers cf your Majesty's representative, who have 
hitherto with impunity both disregarded the laws of the land, and 
despised the opinions of the public. From the impunity with which 
the greatest abuses have hitherto existed, and the difficulty in such 
a state of things of applying an efficient remedy, most of our grie- 
vances have taken their origin and growth. 

First, The rejection by the Legislative Council, of the most sal- 
utary measure* passed by large majorities in the House of Assem- 
bly, and much desired by the people. 

Secondly, The frequent want of a casting voice in the Court of 
King's Bench in this Province, owing to the illegal absence of the 
judges, especially of the Chief Justices, as well on distant journies 
'out of the Province, as on attendances on the Legislative and Exe- 
#utive Councils. 

Thirdly, The undue influence which the : duties of Le- 

jpsktive and Executive -advice have on the j .dicial function. 



W. W. Baldwin, Esq.' IOl 

Fourthly, The assumption of a power by the Executive to ap- 
propriate a large portion of the revenue and other monies, raised 
from the sale of land and otherwise in the Province, independent 
vf the will or sanction of the Assembly. 

rifthly, The extravagant augmentation of salaries, offices and 
public expences, quite disproportioncd to the state and circumstan- 
ces of the Colony. 

Sixthly, The confinement of public prosecutions of offences to the 
sole conduct of the Law Officers of the Crown in the Colony, em- 
barrassing private prosecutors in this small community, where the 
influence of politics and family connexions, is so injuriously felt. 

Seventhly, The retaining in public offices and the introduction 
into the same of persons who notoriously ought to be excluded. 

Eighthly, The want of carrying into effect that rational and con- 
stitutional control over public functionaries, especially the advisers 
of your Majesty's Representative, which our fellow subjects in En- 
gland enjoy in that happy country. 

Ninthly, Our present imperfect Jury System. 

Tenthly, That sheriffs, coroners, and other public officers hold 
their offices during pleasure, and not during good behaviour, or oth- 
erwise as in England. 

Eleventhly, That the supreme judges of the land hold their of. 
flees during pleasure, and are subjected to the ignominy of an arbi- 
trary removal. 

Wherefore we humbly entreat for the interference of your Royal 
prerogative to favor our exertions to correct the grievances under 
which we labor. 

We humbly suggest that the Legislative Council should be in- 
creased in number, of whom, a small proportion only, strictly limit- 
ed by law, to be permitted to hold or enjoy any place of emolument 
or profit under the Government, or to be members of the Executive 
Council. 

Secondly, That the Judges of the Court of Kings Bench, be not 
Legislative Councillors, nor Executive Councillors, nor Privy 
Councillors, in any respect in the Colony. 

Thirdly, That the Judges shall not be permitted to absent them- 
selves from the Province, but on the most reasonable cause and 
with leave obtained as prescribed in the British acts relative to 
Colonial Officers. 

Fourthly, That the Judges be made independent as in England, 
holding their offices not as at present in this Province but during 
good behaviour to be inquired into, by impeachment alone, in the 
Provincial Parliament, before the Legislative Council, when that 
body is so modified as to become an independent branch of tho 
Legislature. 

Fifthly, Thot for some time, at least till the Province affords an 
adequate source of legal and constitutional education, the Judges 
be appointed from the bar in England. 

Sixthly, That a Legislative Act be made in the Provincial Par- 
liament, to facilitate the mode in which the present constitutional 
responsibility of the advisers of the local Government, may be car- 
ried practically into effect; not only by the removal of these advi- 
Assem. No. 21. x 1 



102 Evidence of 

eers from office, when they lose the confidence of the people, but 
aleo by impeachment for the heavier offences chargeable against 
them. 

Seventhly, That our present Jury System be amended by a new 
law whereby the jurors to be impannelled may be more equally se- 
lected from the country and less at the mere nomination of the 
sheriff or his officers ; such new law to extend both to grand and 
petit jurors. 

Having thus under the pressure of the present crisis hastily con- 
centrated our most pressing grievances, and humbly prayed for the 
royal aid of your Majesty's prerogative in providing appropriate 
remedies, we your Majesty's dutiful and loyal subjects cannot omit 
again to bring under your Majesty's serious notice as indicative of 
the necessity of a change of men and measures, the recent violent 
and unconstitutional removal from office of the Hon. John Wclpole 
Willis, a public wrong, calling more and more loudly for our most 
earnest remonstrance to your Majesty, and strongly elucidating the 
injurious character of the policy pursued by the present Provin- 
cial administration. 

Such was the apprehension of the practical bad consequences of 
the King's Bench being without a casting voice, that previous ta 
Easter Term last, a memorial was addressed to His Excellency, 
pointing out, in some respects, the failure of justice in such a state 
of things,, and requesting His Excellency to suspend his leave of 
absence, to the Chief Justice, whose departure from the Province 
was at that time publicly spoken of, even until after the approach- 
ing term. His Excellency, however, did not think proper to do so, 
and the evil consequences anticipated have been realised. During 
the terms of Michaelmas and Hilary, last past, with a full Bench,, 
there was not fewer than ten cases wherein differences in opinion 
arose amongst the judges on important points, and in Easter Term, 
during which the Chief Justice was absent, the two Puisne Judges 
were divided in opinion, in six several cases. In such a state of 
things, substantial justice cannot be said to be administered. The 
Provincial law wisely enacts that your Majesty's Chief Justice of 
this Province, together with two puisne Justices, shall preside in 
the Court of King's Bench. And as a diversity of opinion has, in* 
many important points, unhappily prevailed among the judges of 
that Court, which is the only one of superior jurisdiction, and from 
which in the vast majority of cases, there can be no appeal, the 
importance of maintaining that Court, as organized by law, becomes- 
the more urgent, and the violation of that law productive of the 
greater evils. 

Under these circumstances, we feel that the Hon. Mr. Justice 
Willis deserves the approbation and confidence of all good men, for 
withdrawing from the Court House, under a conscientious convic- 
tion in his own breast, that he could not administer justice accord- 
ing to law, while the Court was not constituted as that law 
required. 

Sensible as we are that the appointment of Judges, esteemed by- 
the people for their learning, and beloved by them for their virues,. 
is in every Colony so blessed, the most conclusive evidence of the 
health of the great body politic, so do we feel that this deliberate, vio- 
lentand unconstitutional removal of Mr. Justice Willis, depriving ua- 



W. W. Baldwin, Esq. 103 

• of the benefit of his honourable and conscientious services, is a 
grievance of such magnitude as requires your Majesty's paternal 
interference ; and this evil we feel the more serious, because it fur- 
nishes the present provincial administration, with an opportunity 
•of placing upon the judgment seat, a man labouring under those 
prejudices of family connections and party feeling from which Mr. 
Justice Willis was necessarily and happily frte, persons withal very 
inferior to that gentleman, in education, in talents and in legal 
knowledge. While strongly feeling this injury,your Majesty will, 
we beseech, hear our complaint of the conduct of the Hon. 
Mr. Justice Sherwood, who, in the absence of the Chief Justice, 
and of Mr. Justice Willis, proceeded alone to exercise all the 
powers of your Majesty's Court of King's Bench ; and yet abstain- 
ed from offering any justification for such assumption, for the satis- 
faction of the Public, although requested to give to the Bar his 
legal reasons for such a course. He had at that time vacated his 
office, by absenting himself from the Province, without the leave 
prescribed by law. 

We should omit a matter of the first importance to the happy 
conduct of our civil affairs, did we forbear to mention to your Ma- 
jesty, with all the delicacy becoming us, when referring to the ex- 
ercise of your Royal Prerogative, the total inaptitude of military 
men, for civil rule in this Provinee. 

The almost constant absence of your Majesty's Representative 
from the seat of Government, where almost daily is required hia 
assiduous superintendence over public affairs and public functiona- 
ries — his total unacquaintance with the inhabitants of the country, 
with the exception of those whose official occupations place them 
about his person, whereby he can be but ill-informed of the true 
state of the country, or of the condition or wants and wishes of its 
people — the charge of disloyalty against these who question the po- 
licy of the present administration — a system of espionage spread- 
ing from the seat of Government, over the face of the country — a 
threatened degeneracy in the state of society, endangering, by the 
insidious operations of those morbid causes, that public feeling tru- 
ly British and yet happily alive in this colony — the undue influence 
over electors in many ways, but especially by the issuing of pa- 
tents granting land, sent into the country, in profusion, to be distri- 
buted by candidates acceptable to the present Provincial administra- 
tion — the acceptance of office by Members of the House of Assem- 
bly, without vacating their seats, as is the necessary consequence 
in England, and the almost mortal violence offered to the Constitu- 
tution by the exercise of worse than military rule in the intimida- 
tion of the more dependent members of the Legislative Council 
into the views of the Administration, at the peril of their offices, 
as was exposed in the testimony of the Honorable Wm. Dixon and 
the Honorable Thomas Clark, in their evidence before a committee 
-of the House of Assembly, during the last session of the Provin- 
cial Parliament. Wherein, we your Majesty's faithful and loyal 
subjects, being greatly aggrieved, most humbly, most earnestly, 
and confidently pray your Majesty, for redress as far as such re- 
. dress lies within your Majesty's constituted power. And as an 
object filling us with peculiar solicitude, we do most earnestly im- 
portung your Majesty, that you will be graciously plea3ed to io*. 






104 Evidence of W. W. Baldwin, Esq. 

tor© Mr. Justice Willis, to the honorable situation to which your 
Majesty had appointed him, and thus protect your Majesty's royal 
choice, your faithful Judge, and us, your loyal subjects, fr«m the 
wrongs that arbitrary rule in the Provincial Authorities, unchecked, 
would assuredly inflict. 
And your Majesty's Petitioners as in duty bound will ever pray. 

W. W. BALDWIN, 

Chairman. 



E0CTTME1TTS 

APPENDED TO 

TnE SEVE^Tn REPORT OF 

THE 

StUtt eowtmtttc on ©tfeuauuo. 



No. 1, 

GOVERNMENT Hot'SE, > 

Toronto, IQth March, 1835. J 

I am directed by the Lieatenant Governor to transmit 
to you for the information of the Committee of the House of 
Assembly of which you are Chairman, the annexed copy of a 
communication to the Secretary and Registrar of the Province. 

I am, Sir, 

Your Obedient Servant, 

WM. ROWAN 
W. L. Mackenzie, Esq., } 

Chairman Committee, > 

Hovst of Assembly. ) 



No. 2. 

Copt. 

Government HorsE, > 
Toronto, 18th March, 1835. { 
Sir, 

I am directed by the Lieutenaut Governor to acquaint 
you, that if the Committee of the House of Assembly require 
the Office Copies of the Blue Book for 1833 and 1834 to b© 
sent to the House, you will comply with their request, or afford 
them such information as they may be desirous of obtaining. 
The Books, however, must be returned to your office at the close) 
of the Session. 

I have, &e. 

WM. ROWAN. 
The Hon. Duncan Camerov, 
Swttary fy Registrar. 



105 CORREIPQ-V DEUCE. 

No. 5. 

Secjustart's Office, i 
Toronto, 2(M AforcA, 1835. $ 
Sir, 

I have the honor to acknowledge the receipt of your 
,Jetter of yesterday's date, and in compliance with His Excellency 
the Lieutenant Governor's command, and the request contained 
in your letter, now send you by your Messenger, the office co- 
pies of the Blue Book for the years 1833 and 1834. 
I have the honor to be. 
Sir, 

Your Most Obedient 

Humble Servant, 

D. CAMERON, 

Sec'y if Reg, 
To ) 

W. L. Mackenzie, Esq. 
Chairman of the Committee on Greivances. f 
$fC fyc. Sfc. J 



No. 4. 

Government House, f 
Toronto, Uth March, 1835. $ 

SlR.^ 

I am directed to acquaint you in reply to your letter 
of yesterday, that the Lieutenant Governor has, in every instance 
complied with the Addresses of the House of Assembly respect* 
ing the Public Accounts, and you are probably aware that the In- 
spector General has been directed by His Excellency to afford 
the House any information they may require relative to the 
receipts and expenditure of every department. 

The documents applied for iu the Address of the 17th ultimo., 
and transmitted to His Excellency some days after that date, 
have been directed to be prepared, and will be forwarded to the 
House so soon as they are received by him. 

The Receiver General has sent in the duplicates of the war- 
rants and accounts, but there are other departments and persons 
which are not able to furnish the information applied for, without 
being allowed some time to prepare it. 

I have procured for you the printed papers relative to Forsyth's 
£ase, which as they do not belong to this office, 1 request may be 
returned. 

I am, 

Sir, 

Your Most Obedient Servant, 

WM. EOWAN, 
To ) 

W, L. Mackenzie, Esq. £ 
&lc. &:c. (cc. ) 



Population, Sec. 107 

No. 5. 
Population or Upper Canada* 

The Official Account of the Population of Upper Canada, as 
returned to the British Government in 1834, in the " Blue 
Book "is 321,903 

The same authority for 1833, shews the Population in 

in that year to have been --------- 296,544 

The returns sent down to the House of Assembly of the 
the Population of Upper Canada for 1832, gave the 
numbers thus 260,992 

The like returns for 1831, gave a sum total of - - - 234,671 



No. 6 
Upper Canada Militia. 

The "Blue Book" of 1833, returns (to England) 61 Regiment* 
of Militia, 1754 officers, 1672 non-commissioned officers, 48 drum- 
mers, and 34,674 rank and file, among whom are included IS 
troops of cavalry and 5 companies of artillery. 

The same authority for 1834, returns to His Majesty's govern- 
ment, 63 Regiments of Militia, comprising 1772 officers, 1610 non- 
commissioned officers, 62 drummers, and 36,055 rank and file. In 
this statement are included 18 troops of cavalry, and 5 companies 
of artillery, both these forces being attached to Infantry Re- 
giments. 



No. 7. 
Lands granted in Upper Canada. 

From the Official Return to England, year 1833. 

509 grants of 100 acres and under for 40,829 acres 

386 grants of 100 acres and under, 500 acres for 83,277£ acres 
12 grants exceeding 500 acres for 10,081 acres 

Total 907 grants for 134,187$ acres 

Exclusive of these, three patents passed the great seal for grants 
to the Canada Company for 55,932 acres. 

Of the above 134,187$ acres, 796 deeds for grants (in contradis- 
tinction to lands purchased) passed the great seal for 121,559$ acres 

63 deeds for Crown sales."". ^... 5,741 do. 

46 deeds for Clergy sales 6,649 do. 

2 der ds for ScbooTsales 239 do. 



103 



Land Gram*. 






101 Clergy Reserve leases passed the great seal 

this year for 19,906 do. 

Among the grantees who had upwards of 500 acres each 
planted to them this year, we find the names of Wm. J. Kerr for 
1600 acres ; Arthur Gifford (Government Office) 800 acres; E. A. 
Walker 1,000 acres; Wm. Campbell 600; Cheeseman Moe 800 ; 
James Muirhead 600 ; Wm Phillips 600; F. Raynes600; Owen 
Richards 800 ; Eltnes Steele 800 ; John Thompson 600 ; Andrew 
Drew 680 acres. 



[Lands granted in Upper Canada, 

From the original Return to England % year 1834. 

941 grants of 100 acres and under 67,372 acre* 

431 grants of 100 to 500 acres 92,815 do. 

28 grants over 500 acres 24,036 do. 

1400 grants or deeds for 184,223 do. 

Oth;er 5 grants or deeds for 52,311 do. 

passed the great seal to the Canada Company 

Also 96 Clergy Reserve leases for 18,364 dov 

have passed the great seal. 

Grants have passed the great seal, commencing 
from the year 1792 for 8,121,665$ do. 

Deeds have been given to the Canada Company 

for other 735,828j do. 

Total 8,857,494 acres 
"The total quantity of surveyed lands remaining ungranted is 

1,527,164 acres, exclusive of 302,420 acres, given over to Col. 

Talbot for settlement, no, return of which has been inude to the 

Surveyor General." — Blue Book, 1834. 

Of the grants over 500 acres, made in 1834, there were 600 

aores to Wm. Allan ; 1200 to D. T. Broeffrl ; 532 toM. Burwell ; 

1000 to I. Buchanan ; 1000 each to D. & R. Campbell ; 600 to D. 

Cameron ; 800 to Eliz. Clench ; 800 to Henry Jones ; 1300 to C. 

S. Monk: 1800 to Thomas Niche! ; 786 to Rev. A. Palmer; 600 

to T. Rolph ; 750 to Wm. Smart. 

The lands given over to Col. Talbot for settlement wen* com- 
posed of 131,130 acres in the London District, and 171,290 agiost 

in the Western District. 



No. 8. 
TCciBioranduns. 



Extracts taken from Blue, Book of Upper Canada y for 
1830 — in England. 



RETCRN-S OF LANDS GRANTED 1830. 

78 grant*, each under 100 aeres, ....... 

37 C grants, each over 100 acres, 



Aerrs. 

3,588 

87,500 



Agricultural Product*. 109 

GRANTS EXCEEDLNG 500 ACRES. 

C. M. DcLotbiniere, 578 

A. Catenach, 1,000 

I. B. SheeU, 800 

G. Hamilton, 700 

Thomas Fraser, . 800 

Z. Burnham, 1,200 

Z. Burnham, 2,800 

W. S. Gapper, 800 

Walter O'Hara 1,200 

Andrew Borland and William Roe, .... 1,700 

William Smith, .800 

R. Ritchey, Richey or Runchey, .... 800 

Francis Conniu, ........ 80O 

Canada Company, 5 grants, : 166. 59G 

RETURN GF MILITIA, 1330. 

Regiments organized, .59 

Officers, 1,705 

Non- Commissioned Officers, ..... 1,526 

Drummers, ........ 61 

Rank and File, 30,093 



Total, 33,385 



To Doctor Strachan, Missionary at York, in lieu of delapida- 
tions on his living, ...... £225. 

Enquiry was made respecting the delapidatioa monies of Dr. 
Strachan, but he would not give the details, the Lieutenant Go- 
vernor withheld all the Blue Books previous to 1833 from the 
House, although in its address it was stated that they would be 
carefully returned, nor could the Committee obtain them on ap- 
plying to His Excellency through his Secretary. 



No. 9. 
Agricultural Product*. 

The following arc the official returns for the year 1834 for 
all the settled parts of Upper Canada: 

Acres of Land cultivated 1,003,520 

Acres of Land uncultivated; 4,129,815 

es j • 

Homed Cattle. , 1?S 5 680 



110 Keveme Balanc 

The like Returns fur 1833 are, 

Acres of Land cultivated, 988, 937 

Acres of Land uncultivated, 4,205,256 

Horses, , 40,304 

Horned Cattle, 172,074 

Increase in number of acres of cultivated Lands, in 1634 over 
1833, only 14,563. 



No. 10. 
IScvcmse Balances, 1834. 

The Revenue of 1884, is thus summed up in the *' Blue Book. 

Provincial Revenue including loans, £302, J 26 

Clergy Revenue, 7,371 

Grown Revenue, 33,271 



. » i 



£342,768 
Provincial Expenditure including payment of 

loans, £277,562 

Clergy Expenditure, « . . 6,846 

Grown Expenditure, 29,000 313,408 

£ 29,3(30 



The state of the Receiver GcneraPs Chest is shewn by the 

same reference. 

lie had on hand on the 31st December 1834, a balance of what is 

termed Provincial Revenue, equal to £25,296 

And of what is termed Casual and Territorial Revenue, 24,254 

£49,550 
But had paid out of what is called the Clergy fund, more 

than was on hand by 6,644 

Leaving a net balance in his hands of. £42,906 

This is exclusive of the Post Office Revenue, a balance of 
which is sent to England, as shewn in the second Report from 
this Committee. 

No. 10. (a) 

Receiver General's Office, 

- : March V: i 
SlK, 

I have the honor to you, agreeably to the re- 

quest coiitaiiiet! in j\ t-h instant, receive d yester- 



♦ .Revenue. 

i statement *nd designation of the varices funds in the R«« 

eeiver General's Office. 

I hnvc the honor to be, 
Sir, 

Your most obedient 
Humble Servant, 



JOHN II. dun:*. 



W. L. JVIackenzie, Esq., 
M. P. P., 

&c. &c. &c. 



List of Public Funds cr Accounts kept hy tJtc Receiver 
General. 

Fund A. — Crown Revenue arising under the Imperial Act 14r/i 
3d, now obsolete. 
" B. — Provincial Revenue under the control of the Legislature. 

Acc't C. — An auxiliary account to Fund K. 

Fund D. — Canada Company instalments. 

" E. — Clergy. 

" F. — An auxiliary to Casual and Territorial Rereniiw. 

11 G. — Annual grant under 56th Geo. 3d. Ofcokie 

** H. — Civil List annual vote. Obsolete. 

m I. — School Fund, auxiliary to Fund B. 

" K. — Casual and.Terntorial Revenue. 

" L. — Law Reporter auxiliary to Fund B. 

" VV. — War Losses, do do. 

Receiver General's OrricE, 
Toronto, 28th 1835, 

JOHN K. DUNN, 



No. 10. (b.) 



House of Assemble 
9th April, 1S36. 



Sir, 



I am directed by the Committee on Grievance? to re- 
quest that ycu would send down a statement for its information of 
the balances that are now in your hands, on the following auxiliary 
Funds, viz. C, F, I, and W, as also what balance is now on hand 
on Fund G, and what payments have been mad rt fiom that fund 
'.ho last account was cent down to the House, dated the 5th 



112 Revenue. 

of October 1831, at which time there appears to have remained on 
hand £1,005 11 1*. 

I have the honor to be, 
Sir r 

Your most obedient 
Humble Servant, 
W. L. MACKENZIE, 
Chairman Com. on Grievances. 
To 

The Honorable 

The Receiver General, 
&c. &c. &c. 



Toronto, Oth April, 18S5. 

Sir, 

In reply to your letter of this day's date requiring the 
/balance on the 31st December last, in accounts C and F, I beg 
leave to state that Fund C has no balance, it is a schedule contain- 
ing a detail return of all the fees, on grants of land under all regu- 
lations made by the Executive Council and incorporated in account 
K, (Casual and Territorial Revenue) to which account I beg to 
refer you to its credits. 

Account F has a balance of £540 3 4| (five hundred and forty 
peunds three shillings and four pence three farthings) auxiliary, or 
connected with the Casual and Territorial Revenue. 

If it is the wish of the Committee to obtain the balances in the 
funds as they at present stand, it will take some time to prepare — 
the expenditure is about £20,000 over the whole of the receipts to 
thig period. 

I have the honor to be, 
Sir, 

Your most obedient Servant, 
JOHN H. DUNN. 
To 

W. L. Mackenzie, Esq. 
Chairman, 4*c. 6fC. 
Grievance Committee. 



House or Assembly, 10th April, 1835. 

»5ib, 

On referring to the despatch of the Secretary of State, 
I find that the fullest information may be obtained of all Royal Re- 
venue. 

Your letter is silent with respect to the inquiries made by the 
Committee as to the application of the balance which remained of 
Fund G. after the last account was sent down to the House of 
Assembly, I think in 1832, the accounts then shew a balance but 
no subsequent account shews what became of it. 

Your letter is also eilentasto the balance now in your hands on 
Fund W f (War Losses) and as to what was done with any balan- 



Revenue. 113 

res of appropriation* to the War Losses, whether from British or 
Colonial Revenues, which were not called for by the parties, and 
the amount of such balances. 

If you cannot give the information required on these points it 
will greatly oblige me if you would in a letter to the Committee 
state that it has been refused. 

I have the honor to be, 
Sir, 
Your most obedient Servant, 
W. L. MACKENZIE, 
Chairman Grievance Committee. 



Toronto, Wtli April, 1835. 
Sir, 

In reply to your letter of this day's date I have the 
honor to acquaint you, that the balance alluded to in account C 
was transferred to Account A in October 1832, both of which 
funds being applicable to the same objects, viz. " The Administra- 
tion of Justice and Support of Civil Government, 1 " and which be- 
came obsolete by the act granting certain permanent salaries — 
Fund C has therefore no balance, and account A has been furnish- 
ed to the Honorable the House of Assembly. 

The pr?sent balance in W (War Losses) amounts to about £300 
(three hundred pounds) and there still remains to be paid to the 
sufferers, on the last dividend about £3,009. 

The balance which remained on the two first dividends, was 
paid some years ago into the military chest by order of the Right 
Honorable the Lord3 Commissioners of His Majesty's Treasury. 

I have the honor to be, 
Sir, 

Your most obedient Servant, 
JOHN H. DUNN. 
To 

W. L. Mackenzie, Esq, 
Chairman Grievance Committee. 



No. II, 
Revenue balances per Public Accounts* 

On the 31st December last, there was in the hands of the Re- 
ceiver Genera], of the several funds under his charge — 
Fund A. — Revenue arising under the Imperial 

Act, 14th Geo. 3d 

Fund B. — Ordinary revenue 

" D. — Canada Company's instalments > 

11 K. — Casual and Territorial Revenue £ 
In the hands of the Hon. P. Robinson, of 

-Clergy Reserve fund . 8802 9 6 



£1,193 17 
28,771 


Q 




25,077 15 


6 



113 Revenue. 

And a balance of proceeds of debentures trans- 
mitted to England undrawn for, with prem- 
ium thereon at 6 per cent . . . 26,007 

£90.457 2 



No. 12. 

Taels of salaries, fees and emoluments which have been paid 
out of revenues raised from the people of Upper Canada. 

The names distinguished by a star prefixed are those whose 
returns of income are selected by the committee from the Biue 
Book for 1834. 

Tear 1884. 

Sir JohnColborne, Lieutenant Governor [over & above 

his income from England] .... £4,953 

*Wm. Rowan, Private Secretary to do. salary £208, fees 

£600 808 

*Edward McMahon, Chief Clerk's salary . . . 278 

* Arthur Gifford, 2nd Clerk f Government Office . . 200 

*James McDonell, 3d do. - do. 166 

*John Henry Dunn, Receiver General, salaries and agen- 
cy of revenues .......] 444 

*B. Turquand, 1st Clerk to do 250 

•Walter Rose, 2d do. to do. . . ; . . 200 

*S. P. Hurdj Surveyor General, salary and fees, add as 

by his own account in evidence .... 742 

*Peter Robinson, Surveyor General £555, Crown Land 

Commissioner £555, Executive Councillor £111, 

Commissioner for sale of Clergy Reserves £500 1721 

Thomas Merritt, [name left out of the Blue Book for 34.] 

*J. G. Chewett, Draftsman in Surveyor General's Office, 

salary , . ' . . . 300 

*J. Radenhurst, 1st Clerk in do. . . . 300 

*G. C. Ridout, 2d do. in do. . . . 250 

*Wm. Spragge, extra do. in do. . . . 166 

*J. Caldwell do. do. in do. 166 



t Purser, Half Pay, Royal Navy. 

X His salary was supposed to be only £300 sterling, with an allow- 
ance in lieu of fees, but it seems that last year an order came from 
England to pay him £G00 sterling, and he has fees under Provincial 
Aots. It appears by the answers he gave to this committee that after 
he was appointed Surveyor General he was several years absent. 
Nevertheless he was paid many hundred pounds as salary for the 
before he entered -upon the performance of any of ita duties. 



Salaries, &c. 115 

•Thomas Baincs, 1st Clerk in Crown Lands Office, at 

£200 ; Secretary to the Clergy Corporation £1500 £500 
[]n 1833 his salaries in these places weie £135 s'crling each ; 
and were raised by an order in Council of 12th of March, 1384, 
to place him on a level with clerks in other offices.] 
*Alderman Richard Thornhill, 2nd Clerk Crown Lands 

Office (salary in 1833 £150) . 200 

*A temporary successor to the late Matthew Henderson, 

3rd Clerk Crown Lands Office, (1833 £150) . 200 

♦Edward Beeston, 4th Clerk do. (1833 £150) . . 200 

*D'Arcy Boulton, Auditor General, [no duties, no sala- 
ry, was a sinecure of £246 value in 1833] Master in 
Chancery Legislative Council . . . . 50 

•Robert Stanton, Government Printer, fees . . 370 

[It is probable this office is worth £1000.] 
•Charles Shirreff, Collector of Crown Land Timber, 

dues at Bytown £270, and £90 to his Clerk . . 360 

[A very small portion of Mr. Shirreff's income is fiom Lower 
Canada.] 
George H. Markland, Inspector General, £672~Exe- 

cutive Councillor £111 783 

[His salary was £365 by the Provincial Act but an order in 
Council, or (perhaps) from England, has increased it.] 

James Nation, his first Clerk 250 

Raymond Baby, his second Clerk - .. . . . 200 

Duncan Cameron, Secretary and Registrar, Salary £333, 

permanent addition £707 1010 

S. P. Jarvis, Deputy to Do. £200, Clerk of the Crown 

in Chancery £75 ....... 27$ 

John Strachan, President of the Executive Council, 
£111, (President of King's College £278, not receiv- 
ed) Archdeacon of York, £333 ; Rector of Toronto, 

£555{ 1003 

[His salary as President of King's College is in abey- 
ance.] 
Joseph Wells, Executive Councillor, £11; Registrar 
and Bursar of King's College £300 [Journal of 

1831-2, page 181 of the Appendix.] 411 

*John Beikie, Clerk, Executive Council £222 Salary ; 
£278 Fees ; £222 in lieu of Fees on Patents on 

Lands 723 

*W. H. Lee, First Clerk to Do 250 

*James Stanton, Second Do. to Do 200 

*llugh Carfrae, Doorkeeper to Legislative and Execu- 
tive Councils 53 



t Apart of the year his place was supplied by Mr. James Hender- 
son, Mr. Baines now [1835] holds only the latter oflico. 

1 It appear.s by his evidence that the British Government have 
his salary of £300, as President of the Board of Education. 
and he mentions that his salary as President of King's College is not 
received. 



116 



Salaries, 



•John B. Robinson, Speaker Legislative Council, Sala- 
ry 400/. : Chief Justice King's Bench, Salary 

1(366/ £2060 

[In 1833 his income as Speaker of the Council was 
only 200/., now it is 400/.] 

•Grant Powell, Clerk, Legislative Council, Salary 200Z. 
Allowance extra as do. 200/.; Official Principal 
Court of Probate, 55/. ; Judge Home District 

Court, fees 390/ 835 

[Described in Blue Book, 1833, as a half-pay Sur- 
geon.] 

♦Stephen Jams, Usher Black Rod L. C 50 

[Also half-pay Cornet of Dragoons.] 
♦Thomas Phillips, Chaplain L. C. 50Z. ; Master Home 

District School 100/ 150 

[Also his pay as a Minister of the Church of Eng- 
land.] 
♦Archibald M'Lean, 

Speaker House of Assembly - £200 

Clerk of the Peace, Eastern District 148 

Registrar of Stormont and Dundass 132 

Registrar Surrogate Court 11 

491 



[Mr. M'Lean is also Captain on half-pay, late Incor- 
porated Militia, 142/. Mr. Bidwell has succeeded him 

as Speaker.] 

*James Fitzgibbon, Clerk, House of Assembly, Salary 
200/.; Allowance 20O; Registrar Court of Pro- 
bate, 68/ 

♦David A. M'Nab, Sergeant at Arms, House of Assem- 
bly, Salary, 50/.; Allowance, 100; Registrar of 
Wentworth, 11.9/ 

♦Henry Rattan, Sheriff, Newcastle District, fees 

[Fees in 1833, 1180/. has also 4s. sterling, per day, 

as half-pay Lieutenant, incorporated Militia.] 

♦W. B. Jarvis, Sheriff Home District, Fees 

[It is scarcely probable that the fees of the Sheriff 

of the Home District do not far exceed 550/., but we 

give his own return.] 

The Ottawa Sheriff died in February, 1835. 

♦J. A. H. Powell, Sheriff, Bathurst District (fees, 1833, 
600/.) 

♦Donald M'Donell, M. P. P., Sheriff, Eastern District, 
Fees 

♦Adiel Sherwood, Sheriff, Johnstown District, fees 300/. 
[Also Treasurer of that District.] 

Richard Bullock, Sheriff, Prince Edward District, fees 

John M'Lean, Sheriff, Midland District, fees 

Alexander Hamilton, Sheriff, Niagara District, fees. ,., 
[Mr. II. i .:• aise Post Master of Queenston.j 



463 



260 
1040 



550 



240 

250 
300 

300 

4.:o 



Salaries, Sec. lit 

*W. M. Jams, Sheriff, Gore District, fees £330 

[Has half-pay as a Lieutenant at 49. 6d. per day, and 
a pension for wounds of 78/.] 

*A. A. Rapelje, Sheriff, London District, fees 150 

[Half-pay as Captain, at 7s., sterling, per day.] 
*Ebenezer Reynolds, Sheriff, Western District, fees . . 101 

[It is probable that some of the Sheriffs' fees, are 
stated considerably under the reality.] 
♦James Sampson, Inspector of Licenses, Midland Dis- 
trict 145 

*Hon. Alexander M'Donell, Inspector of Do., Home 

District 146 

[Mr. M'Donell is also a Lieutenant on half-pay, As- 
sistant Secretary Indian Department (pension 4s. 8d. 
per day) Member of the Legislative Council.] 
*Elias Jones, Clerk, Newcastle District Court 473/. ; 

Inspector of Licenses, 98/ 571 

*John Claus, Inspector of Licenses, Niagara District, 100 
*John Willson (late Speaker H. of A.) Inspector of Li- 
censes, Gore District 100 

James Mitchell, Inspector of Licenses, London District, 
Collector of Customs, Turkey Point; Judge Dis- 
trict Court, and Judge Surrogate Court, estimat- 
ed at 260 

*John Weatherhead, Inspector of Licenses, Johnstown 

District ©0 

[There are also Inspectors for the Ottawa, Eastern, 
Prince Edward and Bathurst Districts.] 
*\Vm. Hands, Western District, 5 offices, viz: : — 

1. Post Master of Sandwich, 

2. Collector of Customs do. 

•3. Inspector of Licenses, Western District, 

4. Judge Surrogate Court, do. do. 

5. Treasurer do. do 216 

*Alpheus Jones, Collector of Customs, Prescott, Emo- 
luments 165 

[Agent to U. C. Bank, Post Master of Prescott.] 

*W. J. Crysler, Collector of Customs, Cornwall J 24 

*Andrew Deacon, Collector of Customs, Hallowell... 100 

*Thoraas Kirkpatrick, do. do. Kingston... 373 

*Henry Baldwin, do. do. Belleville. . . 104 

*Colin Mackenzie, do. do. Bath.... . . 100 

♦George Savage, do. do. TorontoCity 272 

*John Chisholm, do. do. Burlington 

100/, ; Collector of tolls, do. Canal 64/ 175 

[Mr. Chisholm's other emoluments are not stated.] 
*Williara Chisholm, Collector of Customs, Oakville, 

and Post Master of Nelson 79 

*The Hon. James Kirby, (Legislative Councillor) Col- 
lector of Customs Revenue at Fort Eiie unknown 

[He has fees, and one third of the seizures, which 
though very considerable, we have not exactly ascer- 
tained.] 

Assem. No. 21. W 



118 Salaries, &c. 

*Wm. H. Merritt, Collector of Customs, Dalhousie,. . £100 

[The Blue Book says he has no other office, altho' 
he is Postmaster at St. Catharines. He has resigned 
the Collectorship since the commencement of the pre- 
sent session, but it has not been given to another, he 
is President of the Welland Canal Company at £ .] 
*Thomas McCormick, Collector of Customs, Niagara, 130 

[Mr. M. has also an income as agent to the Bank of 
Upper Canada.] 

*George Ryerse, Collector, Dover, 80 

* William B. Sheehan, do. do 105 

*John Bostwick, do. Port Stanley, 115 

*Mahlon Burwell, do. Port Talbot, (o)— Regis- 
trar of Middlesex, - - 170 

♦Francis Caldwell, (M.P.P. for Essex) Collector of Cus- 
toms for Amherstburgh, 58 

*John B unveil, do. do. Port Burwell, - - 59 

^Thomas G. Anderson, do. do. Penetanguishene, 6BI. 

Postmaster of do. 25Z. 93 

[Mr. Anderson's 3rd office is that of a superintendent 
of the Indian Department, but it is paid out of the mili- 
tary chest, 241/.] 

There are also the Collectorships of the Customs for 
the Ports of River Raisin (John Cameron) ; Maitland 
(Alex'r. McQueen); Brockville (Richard D. Fraser) ; 
Johnstown (John Webster) ; Gananoque (Ephraim Web- 
ster); Newcastle (B. McMahon) ; Cobourg (Allan H. 
McLean) ; Windsor (Henry Boys) ; Chippawa (R. Kirk- 
patrick) ; Queenston (Robert Grant) ; Goderich (John 
Gait) ; the gross value of which, on an average of three 
years, with the share of one third of the seizures, we 

have estimated at about -.._ 650 

♦R. P. Hotham, Clerk of the Peace, Ottawa District, 
144/. ; Registrar of do. 861. ; (Registrar of Surro- 
gate Court), 230 

'* Walter Cameron, Registrar of Glengarry, - - - - 50 

♦George T. Burk, do. of Lanark, 64 

♦Alex. McMillan, do. of Carletcn, - - - - 67 

[Also half-pay captain Glengarry Fencibles, 142/.] 
John Patton, Emigrant Agent /.unknown; Regis- 
trar of Grenville, 152/. - - - - 152 

♦Daniel Jones, Registrar of Leeds, 190 

[Incorrectly described in the official return to Eng- 
kind, as Judge of the Eastern District Court.] 
♦Allan McLean, Registrar, Prince Edward, 94/. ; do. 

Midland District, 214/. 503 

♦George Strange Boulton, Northumberland, Registrar 

of Deeds, &c. - - - - 225 

♦Thomas Ward, Registrar for Durham, 170/.; Clerk of 
the Peace, Newcastle District, 150/. ; Surrogate 

Judge, do. 5/. - 525 

♦Samuel Ridout, Registrar, County of York, 500/. ; 
Agent to the Land Granting Department (Sinecure) 
222/, --------- 72-5 



Salaries, &c. 119 

* George Lount, Simcoe, Registrar of Deeds, - - - £178 
♦Thomas Racey, llalton, do. do. - - - 312 

♦John Lyons, Registrar of Lincoln and Haldimand, - - 320 

James Ingcrsoll, Registrar Cor Oxford, fees not known, 
♦Francis L. Walsh, Registrar of Norfolk, 60/. ; do. Sur- 
rogate Court, 8/. 10s. ; Postmaster of Vittoria, 47s. 70 
♦James Askin, Registrar, Essex, 59/. ; Registrar Sur- 
rogate Court, Western District, 32/. - - - - 91 

♦William Jones, Registrar of Kent, 75 

[Assistant Superintendent Indian Department 123/.] 
♦James Jessup, Clerk of the Peace, Johnstown District.f 203 
*E. H. Reade, Clerk of the Peace, Bathurst District, 105 

[Mr. Reade is on half-pay as an Apothecary in the 
army at 5s. sterling per day.] 

♦David L. Fairfield, Clerk of the Peace, Prince Edward, 50 

♦J. Nichols, do. do. Midland, - - 221 

♦Simon Washburn, do. do. Home,f - - 200 

♦Chas. Richardson, do. do. Niagara, - - 290 

*Robert Berrie, do. do. Gore, - - - 200 

♦John B. Askin, do. do. London, 269/. 

Clerk. London District Court, 78/. ----- 347 

Charles Askin, Clerk of the Peace, Western District, 

120/. ; Clerk, Western District Court, 25/. - - - 145 
♦Eleven other District Schoolmasters, besides Dr. Phil- 
lips, salaries each 100/. - - 1100 

[One of the schoolmasters, Dr. Phillips, is chaplain . 
to Legislative Council; another is church of England 
Missionary at Sandwich, 111/., and a third is Presbyte- 
rian minster at Cornwall, with a salary from Govern- 
ment as such.] 

♦Levius P. Sherwood, Puisne Judge, King's Bench, - 100O 
*James B. Macaulay, do. do. do. do. - 1000 

♦W. H. Draper, Reporter to do. 100 

*R. S. Jameson, x\ttorney General of Upper Canada, 

salary and allowances, -_. 1200 

C. A. Hagerman, Solicitor General, do, do. do. 600 

C C. Small, Clerk of the Crown and Pleas, 

Salary, - - - - 111 

Fees, - = - - 1257 1368 

♦Jonas Jones, Offices, viz : 

1- Judge of the District Court of the Midland 

District, Fees, - 412 

2. Judge of the District Court of the Bathurst 

District, Fees, - 147 

3- Judge of the District Court of the Johns- 
town District, Fees, - 314 

4. Judge of the Surrogate Court cf the Bath- 
urst District, Fees, - - 3 . 

fit is3omow3iL;t3ti:ii:^: 'hit tb *ip of the peace. 

of the Johnstown Di .... 1 ia value tbai oi 

the Hoecp Dii'i. 



120 Salaries, &c. 

$. Judge of the Surrogate Court of the Johns- 
town District, Fees, - - - 8 
6. Commissioner of Customs, - 2f £916 
[Mr. Jonas Jones is also President of the commissi- 
oners for constructing a ship canal on the River St. Law- 
rence.] 

♦David Jones (M. P. P. for Brockvile) Judge of the Dis- 
trict Court of the Eastern District, Fees, 238Z.; 
Commissioner of Customs, Fees, 51. - - - 243 

♦George S. Jarvis, Judge of the Ottawa District Court, 

Fees, ------ 25 

[Mr. Jarvis is a half-pay lieutenant, 901.] 
Donald Bethune, Judge of the District Court, Prince 

Edward, Fees, - ■ r. - - - 91 

♦N. Falkner, Judge of the Newcastle District Court, 

Fees, - - - - - - 445 

♦George Ridout, Judge of the Niagara District Court, 

Fees, 91 

♦Charles P. Treadwell, Clerk of the Ottawa District 

Court ; Coroner of the District, Fees, - - 36 

*Thoinas Taylor, Judge of the Gore District Court, 

Fees, ------ 150 

♦Charles Elliott, Judge of the Western District Court, 

Fees, ------ 15 

[Half-pay lieutenaut 43rd Reg't. 80Z. ; Commissioner 
of Customs.] 
♦George Anderson, Clerk of the Eastern District Court, 

Fees, r r .... 164 

♦Thomas D. Campbell, Clerk of the Johnstown District 

Court, Fees, ----- 235 

♦C. H. Sache, Clerk of the Bathurst District Court, 

Fees, .-.-.- 125 

[Half-pay lieutenant 76th Reg't. 4s. 6d. per day.] 
♦Thomas Nash, Clerk of Prince Edward District Court, 

Fees, -....- 90 

♦Alex'r Pringlc, Clerk of the Midland District Court, 

Fees, - - - - - - 475 

♦Henry C. Heward, Clerk of the Home District Court, 

Fees, ------ 433 

♦J. C. Clench, Clerk of the Niagara District Court, 

Fees, ------ 102 

♦John Law, Clerk of the Gore District Court, Fees, - 200 

♦James Secord, sen'r, Judge of the Niagara District 

Surrogate Court, Fees, 81 

♦[Pension 20Z.] 
C. B. Secord, Registrar same court, Fees, - - 68 

♦Thomas Marklaud, Judge of the Midland District Sur- 
rogate Court, __--- 28 
•W. W. Baldwin, Judge of the Home District Surro- 
gate Court, Fees, ----- 50 

t Mr. Jones' Judgeships of District Courts embrace a tract of country 
comprising seven Counties.- 



Salaries, &g. 121 

[There are several other Judges of Surrogate Courts 
paid by Fees.] 
*YV. Chewett, Registrar of Surrogate Court, Home 

District, Fees, - £104 

[Mr. Chewett is also a Pensioner on the Provincial 
Revenue by order from England, for 400/. per annum.] 
♦Isaac Fraser, Registrar of Surrogate Court, Midland 

District, Fees, ------ 6g 

♦Nathaniel Coffin, Adjutant General of Militia, salary, 

365/. ; annual allowance, 84/. - 449 

[Half-pay ensign 15th Foot.] 
*\V. O'Hara, Ass't Adjutant General, salary, - - - 200 

Joseph Spragge, Master of the Toronto Central School 

(paid from Fund K) salary, - 255 

Henry J. Jones, as Agent to Commissioner for Crown 

Lands, _..--_ 105 

[See his returns for 1834.] 
Alex. McDonell, M. P. P. as ditto, see ditto - - 243 

Mrs. M. Powell, House-keeper, Public Office, salary, 50 

[And a house and her pension.] 
Mrs. M. Macloskey, Assisting House-keeper, do. salary, 25 

John Macloskey, Messenger in do. salary, - - 25 

Win. Walker, do. in do. salary, 50 

Some of the Postmasters omitted in the above list are 
named in Mr. Stayner's return to England in 1832 and 
1833. As that officer has Avithheld as yet the informa- 
tion required this session, by the House of Assembly, we 
have selected the following names and sums from his for- 
mer return for 1830. There are about one hundred other 
Postmasters in Upper Canada whose names and emolu- 
ments are to us unknown, but they all enjoy besides their 
percentages or other income, the franking privilege, and 
may be severally removed at the pleasure of the Deputy 
Postmaster General at Quebec, or the authorities during 
whose pleasure he holds office. 
John Macaulay, P. M. Kingston, salary and allowances, 164 

[Agent to U. C. Bank, with a salary.] 
J. S. Howard, P. M. Toronto, salary and allowances, - 199 

John Crooks, P. M. Niagara, do. do. - - 87 

Henry Jones, P. M. Brockville, do. do. - - 58 

The Postmaster, Amherstburgh, do. do. - - 118 

M. Connell, P. M. Bytown, - da. do. - - 101 

Josias Tayler, P. M. Perth, do. do. - - 60 

[Mr. Tayler is M. P. P. for Lanark County.] 
Ward Chipman, as 3rd Arbitrator between Upper and 
Lower Canada (paid from Fund K) half the remu- 
neration allowed him, or - - - - 333 

Thomas A. Stayner, D.P. M.G. at Quebec, proportion 
of his income derived from Upper Canada, estima- 
ted by us, in the absence of his own statement, at 1880 
John Swetnam, Light House Keeper, salary, - - - 63 



122 Pension*. 

Owen Richard*, do. do. salary, - - - £62 

James Durnan, do. do. salary, - - - 53 
Clerks and Treasurers' charges 1834, for distributing 

Public School monies, 1834, - - 278 



Grand Total, £52,672 



There is a numerous class of officers not directly appointed by 

ihe Government, but who, from the very nature of their situa- 
tions and duties, arc under its indirect influence — such as Offi- 
cers on Canals, &c. 

SAINT LAWRENCE CANAL.* 

W. R. F. Berford, salary per year, - £300 

J. B, Mills, salary, 850 

James Hume, salary, 200 

WELLAND CANAL.* 

W. H. Merritt, salary per year, - 400 

John Clark, -*--..... 150 

George Reefer, Engineer, 260 

&c. &c. &c 



No. 13. 
Pensions* 

Amount of Pensions paid out of the Public Revenue, raised 
in Upper Canada, no part of which has been authorised 
by any vote, either of the Provincial or Imperial Parlia- 
ments. 

Late John M'Gffl, about 16 years' pension at £500, 

to 1835, estimated to amount to £ 8,000 

Late W. D. Powell, about five years' pension at 

£1111, to 6th September, 1834 5,555 

Late D'Arcy Boulton, Senior, six years' pension '"at 

£555, to 1834 3,330 

Late Sir W. Campbell, Kt. four and a half years' 
pension, from July 1829 to January 1834, at 

£1,333 5,989 

Sir David Wm. Smith, of Northumberland, Baronet, 

eight years' pension, at £222, to January, 1835, 1,776 
[This pension was formerly paid to Sir David 
William Smith, by an annual vote of the Imperial 
Parliament, but it is now drawn from the slender re- 
sources of Upper Canada, to augment the wealth of 
ari English Baronet, whe probably has not seen 
America for the last twenty or thirty years.] 

* Sec St Lawrence and Wetland Canal Reports to J "7'slature for ths 
year 1835, 



Pensions. 12> 

William Chewett, pension, as having been the act- 
ing Surveyor General in the absence of that 
officer, £400ayear, commencing in May, 1832, 

nearly three years to April, 1S35 £1,100 

Bishop M'Donell, eight years' pension at 

£444 per annum £ 3,552 

Two and three quarter years' additional 

pension at £111 . 304 

3,856 

[This is over and above his pension or allowance from 
Lower Canada, which owing to the spirited resistance of the 
House of Assembly there, may possibly have been withdrawn, 
and thrown upon us under the plea of extra services.] 

COLONEL TALBOT. 

This gentleman was the Private Secretary to one of the 
Lieutenant Governors of Upper Canada, and afterwards got 
302,420 acres of land (472J square miles) to settle in the 
London and Western Districts. How he has settled it, or 
what he has done with the monies he received, is not known 
at the Surveyor General's office, but he has received a pen- 
sion or allowance of £444 a year, out of the proceeds of our 
public lands sold to the Canada Company, and has obtained 
already from that source, nine years' pension, or £4,000, 
Some information on this head is promised by His Excellen- 
cy, in answer to an address reported by this Committee. 

Pensions for 1S34, paid out of the Provincial Revenue 
without authority of Law. 

Hon. W. D. Powell, at £1,111 per annum, (died' 

this year.) 
Sir W. Campbell, at L. 1,355 per annum (died this! 

year.) } £1,540 

D'Arcy Boulton, at .L.555 per annum (died thh 

year. 
John McGill, at £'500 per annum, (died this year), 
Captain W. Jarvie, Incorporated Militia. ......... 115 

Lieutenant Daniel M'Dougall, Do... 81 

Thomas Talbot, Port Talbot. . 444 

Sir D. W. Smith, Northumberland, England 222 

General Shaw's family.. HI 

Wm. Chewett, late Acting Surveyor General. ..... 400 

No. 14. 
Archdeacon Strachan's Income, 

The amount of cash received by Archdeacon Strachan 
from the 1st day of January, 1826, to the present time out 



124 Pensions. 

of the public revenue of this Colony so far as we have been 
able to trace it from any official source is as follows : — 

Seven and a half years President of the Board of Education, 
at £.300 to 1st of July, 1833 £2,250 

Eight years Archdeacon of York at £.333 13s. 4d... 2,700 

Nine years an Executive Councillor at £.111 999 

He received out of the Clergy Reserve rents on ac- 
count of the expenses of his first journey to 
London on behalf of the Clergy 350 

In 1833 and 1834 it appears that he received £.152 
10s. each year, as " a Minister of the Church of 
England," (see sess. papers No. 5, p. 20.) 305 

Since 1831, the gaol ground, Toronto, has let for 
£.150 per annum, 3 years (see sess. papers, 
No. 5, p. 21). 450 

" The Small Strip Rents," Toronto, for £.57 10s. 

3 years 172 

The other acre being part of what was formerly the 
Hospital Square, Toronto, for £.100 — 3 years, 
(see sess. papers, p. 21, No. 5.) S00 

Annual value of the Archdeacon's Glebe Lots in 
the Township of York, 1,000 acres, estimat- 
ed at an average value of £ 50 per annum, for 
nine years , « . . . , 450 

£7,976 

Cash paid him for his journey to England frem the Fund 
of King's College. 

1 i Cash in full," being for his expenses incur- 
red on a journey to and from England, and 
eighteen months detention there, at the in- 
stance of the Secretary of State £.678 6s. 
Sd. (with interest) is (See Journal 1831-2, 
^181 of Appendix.) £712 16 2 

Cash, being for the moiety of his expences in- 
curred, in a journey to and from England, 
" and eighteen months' detention there at 
the instance of the Secretary of State, while 
engaged in soliciting from His Majesty's 
Government the Charter of King's College, 
and attending to the affairs of the Established 
Church." (See his Letter sent downto the 
House this Sess., Sess. Paper, No. 5,p.22.) 678 6 8 

Cash paid him for settling the terms of agree- 
ment with the (Canada) Company when in 



"Dr. Strachan'^ Income. 125 

London in 1827 360 Q 

[This is the return made by the Receiver 
General to the Government here, and since 
placed before the House of Commons. Dr. 
Strachan in his explanation for the House of 
Assembly ( See Sess. papers, No. 5, p. 22J 
affirms that it was in payment of his salary as 
Archdeacon of York for the year 1825 ; the 
patent constituting Dr. Strachan an Archdea- 
con did not issue until 1827. Another return 
on the Journals of the House of Commons 
says it was for his services during the refer- 
ence.] 

Another item of monies paid to Dr. Strachan 
is in the return of cash paid from ihe Ca- 
nada Company's monies to the Doctor " to 
defray expenses connected with the estab- 
lishment of an University at York in Up- 
per Canada."* The Doctor has written in 
explanation (See Sess. papers, No. 5, p. 
22,) but as he has given do details, we have 
placed that also to the account of his jour- 
ney.. 600 



£2,351 
ALSO: 



$000 acres of Valuable Land in the the Gore 
of Toronto the estimated worth of which 
is 25s. per acre or £2 500 

[This grant Doctor Strachan tells us was 
made in aid of his living in this city, ( See his 
Letters in Sess. papers No. 5, pages 21 and 
22, 1835.] 



In all for his journey £4,851 2 10 

Estimated sums paid to Dr. Strachan within 

the last nine years, brought down 7 976 q 







£12,827 2 10 



In consequence of the refusal or delay of the Lieutenant 
Governor to send down to the House the Blue Books for 18^ 
1325 1826, 1827, 1928, 1829, 1830, 1831, and 1832, and* of 
Archdeacon Strachan's refusal to give the detailed account 
required of him (Sit his emdeneo) the Committor are un*- 
bk to stale the whole of Dr. Strachaa's receipts from th« 



126 Governor's Salary, &c, 






public. It is understood there are other payments for delapi- 
dations on his living, &c. &c, but the Committee cannot as- 
certain the amount. 



No. 15. 

Amount of Salary and Allowances paid to the Lieutenant 
Governors of Upper Conada, since the 1st day of January 
1827, out of the Public Revenues raised from the people 
of Upper Canada. 

Nine years 1 Salary at £.2,222 . £20,000 

Nine years' second Salary at £.1,111 10,000 

Two and a half years' additional or third Salary to 
Lieutenant Governor Colborne, (over and above 
£.3,333 per annum,) £.555 per annum, com- 
mencing the 1st day of July, 1832 1,666 

The Government House, Offices and Grounds, free 
of all taxes and charges, nine years, estimated 

at £.500 4,500 

Share of Seizures paid to the Lieutenant Governor, 

1827, estimated at £.300 

1828, estimated at 300 

1829, 30, 31, to 27th April 1832 673 

Part of 1832 estimated at 400 

1833 estimated at. . , 300 

1834 556 

2,358 

Total from Provincial Funds....! ...t.. .....£.38,524 



No. 16. 

Thb Income of Major Genzral Sir John Colborne, in 
1334, from all Public sources, is thus stated in the Blue 
Booh :— 

Salary « • • • £.3,333 

M Allowed £.555 per annum in lieu of pay and al- 
lowances as Major General on the Staff; out of 
the Revenue raised from the people of Upper 

Canada 555 

Full pay as a Lieutenant Colonel - 345 

His p*ns ion 333 



Payments. 127 

His share of seizures in the Colony, under the 6th 

Geo. 4th, ch. 114 565 

House and Offices, estimated per annum. . ........ 500 

Income in 1834 £.5,631 

Until 1827, the Salary of the Lieutenant Governor was 
paid in England by vote of the Imperial Parliament ; and as 
tie is, in fact, the Agent of the Colonial Office, the Province 
ought not to be obliged to pay him £.4,000 per annum. 



No. 17. 

Payments to the Honourable Peter Robinson, since 
July, 1827, 

Eight years an Executive Councillor at £,111.... £.888 

Seven and a half years, additional " Surveyor Gen- 
eral" at£.555 4,162 

Seven and a half years, Commissioner Crown 

Lands at £.555 4,162 

Six and three quarter years Commissioner for the 

sale of Clergy Reserves at £.500 per annum . . 3.375 

£.12,587 

And there may have been other payments. 



No. 13, 

Payments to the Honourable Duncan Cameron, Secretary 
and Registrar, since 1st of January, 1827. 

Seven years' Salary from Canada Company's 

payments, at £.333 to 1834 £2,331 

Seven years' Commutation in lieu of Fees.. .. 5,000 

[The officers of the Land Granting Depart- 
ment received a commutation in lieu of Fees 
for seven years up to the 1st of January, 1834. 
They now receive no fees, with the exception 
of the Hon. D. Cameron, Secretary, to whom 
an annual allowance of £,700 (£.636 lis. 4d. 
sterling) is ordered by the Secretary of State 
for the Colonies, out of the Revenue raised in 



3CS 



Payment*. 



lbs Province, on account of his disbursement 
for Stationary for ihe various Patents made out 
in the course of the year, and furnished bv him. 
$se Blue Book, page 11, 1834.] 

Salary for J 834. 8S3 

Allowance for 1834 700 

Mr. Cameron's office is to him almost a sine- 
ruro, worth Z.1000 and upwards. He is al- 
lowed a Deputy, Mr. S. P. Jarvis, who is paid 
by the Colony, by vote of the Legislature, 
Ij.200 a year, fordoing the work for which his 
Principal is again paid Z,.1000. 
In the Journal of Assembly for 1831, page 117, 
ihare is an item of additional fees, for 
preparing *' Special Instruments, " 258 12 



£8,624 12 
And it appears within the list eighteen months, the Exe- 
cutive Council have audited his claim to several hundred 
pounds more as extra fees, within the last two years. 



No. 19 

F \ymexts to the Honourable John II. Dunn, Receiver Gene- 
ral, since the 1st of January, 1827. 

Eight years as Receiver General of the Public monies, not 
under the public control, paid out of the Canada Companv's 

Revenue at L.222 £ J ,776 

Eight years charge to the public for reciving and 
paying out that part of the public revenue not 
under its control, which accrues from the Ca- 
nada Company 1776 

(This was a sinecure formerly held by a Mr. W. 
P^cres Adams, under the title of Agent for the Co- 
lony.) 

A parliamentary grant in 1833 ^ nf) 

S per cent, on Provincial Revenue, l&£7 030 

3 do. do. do. 1828 1,248. 

3 do. do. do. 1*20 988 

3 do. do. do. 1830 1,118 

lour vears' second Saiarv from Public Revenue at 
£.777 per annum, for 1831, 1832, 1833, and 
1834.... 3,098 

Amount in eirhf y^r* of the Receiver General's 

income £ l ' ° ' * 



Paid Clergy. 129 

It appears that L.1776 of this money arises from the very 
objectionable mode of paying public officers by a sinecure ; 
that is, an office with no duties attached. Mr. Dunn's In- 
come, as a whole, however, is lower than that of officer! hav- 
ing far less important duties to fulfil. 



No. 20. 

Clergy paid by Government, without the consent, and in op~ 
position to the wishes of the House of Assembly. 

The official returns made up at the office of the Honorabla 
Duncan Cameron, Secretary of the Colony, exhibit the fol- 
lowing amounts of payments in cash to the Clergy of Upper 
Canada during the last three years, from funds raised from th« 
people of the colony : — 

In 1832, to the Clergy -. £5,438 

In 1833, to do 19,719 

In 1834, to do 14,673 

Also, in 1834, to Methodists, omitted in the Blue 

Book, by error 611 



£40,441 



The official details of the expenditure for 1833 and 1834, 
so far as they couM be obtained, will be found in the statements 
sent down to this Committee by order of His Excellency oa 
jhe 2d of April instant, all which are hereto annexed. 



No- 21. 

Government House, \ 
Toronto, 2d April 1835. ( 
SIR, 

With reference to your letter of the 28th ultimo, 1 am 
directed by the Lieutenant Governor to transmit for the informa- 
tion of the Committee on Grievances, the accompanying documents 
relating to the payments made to the Clergy of various Churches, 
and also for erecting and repairing places of divine worship for the 
vears 1833 an d 1834. 

An explanatory letter from the Inspector General, respecting the 
crrrssion in the Blue Book, of the sum of £550 paid to the Britiah 
Wesk-y^n Methodists in 1834, is annexed for the information of 
t' e cnmr.iif^ . 
, His Excellency dcs;r-? me to mention, tW the committee t wiB 



J 30 Paid Clergy. 

observe from the accounts furnished by the Receiver General, that 
half yearly statements are transmitted by the Receiver General 
through the Lieutenant Governor, to the Secretary of State, of the 
receipts and expenditures of the Crown Reserves. 

I have the honor to be 
Sir, 

Your obedient servant, 

Wm. ROWAN. 

W. L. Mackenzie, Esq. Chairman of the Com- ) 
naiUee on Grievances, House of Assembly. \ 



No. 22. 

Extract of a Despatch from the Secretary of Stats for the Colonia 
to the Lieutenant Governor. , 



Dated, Downing Street, 

21ih January 1834. 



** And considering the heavy charges to which the Casual Revc- 
* nue will for some years be subject, I am compelled to desire, that 
"the grant in aid of the erection of Dissenting places of worship 
*«Jwli continue to be £2,000 instead of £4,200." 



No. 23 

(Copy.) 

Government House, ; 

30//* March, 1835. { 

BIR, 

I am directed by the Lieutenant Governor to forward to 
you the accompanying remarks from the Chairman of the Griev- 
ance Committee and two extracts from an address of the House of 
Assembly, and to request, that the committee requiring information 
on certain accounts may be afforded such explanations as will shew 
rha statements, in which the sums granted to the Ministers and 
Churches of each denomination are to be found. 

W»i h the account? of the Casual and Territorial Revenue were 
forwarded, a nominal list of the Clergy of the Church of England 
receiving salaries, and the amount of salary of each. 

I am also to accquaint you, that as the committee complained, that 
th*»y have not received all the information they required, His Ex- 
cellency begs that you will report why you have not furnished the 
accounts applied for, as a copy of the address was transmitted to 

you. 

1 have fee. 

Wm. ROWAN. 
Reeeiver General. 



Paid Cllrgy, 131 

No. 21. 

Receiver General's Oppick, > 
Toronto 3lst March, 1835. \ 
SIR, 

In reply to your letter of the 30th inst. transmitting a 
communication from the Chairman of the Grievance Committee, 
together with two copies of addresses to His Excellency on the 
subject of appropriation made from the funds of the Casual and 
Territorial Revenue, &c. to the various denominations of Clergy, 
and for bnilding Churches, &c. for the years 1833 and 1834—1 
have the honor to state for his Excellency's information, that the 
accounts already furnished will shew the sums paid with all the 
information in my power to afford. In order therefore, that it may 
be more clearly understood, I beg to enclose statements of the 
amounts paid by me under his Excellency's warrants, authorised by 
hie Majesty's Government in England during these two years, toge- 
ther with copies of such lists of the Clergymen of such denomina- 
tion, and for building Churches. 

As his Excellency desires me to report why I h$.vc nc' fisnv.s v «*<l 
the accounts applied for agreeably to the add re rum ; s 

House of Assembly, I have to remark, that I forwarded on the 28 h 
of February last, a full and complete .set of accounts of the Casual 
and Territorial Revenue, together with the instalments from the 
Canada Company, from the years 1827 to 1832 inclusive, — and the 
Assembly were furnished previously with a statement of those funds 
for 1833 and 1834. — The warrants issued by his Excellency for and 
on account of the Catholic Clergy have always been in favor of the 
Bishop, and paid in one sum to that gentleman, with the particu- 
lars I am not acquainted, nor am I informed of the number of Cler- 
gymen who participate in the same— all public money of every 
description is taken from the Receiver General by warrants, whose 
duty it is to see that the demands are duly authorized, — and when 
the money is paid to the parties named in the warrants, the Re- 
ceiver General has nothing more to do with the transaction, but to 
obtain such vouchers as will enable him to prove the payments and 
satisfy the rigid examination of the Board of Audit in London. 1 
can assure His Excellency that there is no desire to withhold any 
information required from the department entrusted to me, and I 
have always used every exertion, with the assistance in my office, to 
compile from the Public Accounts as much information, and to sup- 
ply statements, &c. with as much expedition and accuracy as in 
my power, and circumstances admit of. 

I have the honor to be 
Sir, 

Your most obedient 

Humble servant 



To Li. Colonel Rowan, } 
Civil Secretary \ 

&e. &c. &c. ) 



JOHN H. DUNN. 



\M 



Paid Clergy. 
No. 25. 



Statement of Payments made to the Clergy and Churches 
of different denominations in Upper Canada under War- 
rants of His Excellency the Lieutenant Governor, during 
the year 1833. 



To WHOM PAID AND BY WHAT AUTHORITY, &C. 



Provincial Currency. 
Dollars a 5s. each. 



Reference. 



To the Hon. and Rev. J. Strachan, 
D.D. his salary as Archdeacon 
of York, for the 12 months end- 
ing 30th June, 1833, authorized 
by the Right Hon. The Lords 
Commissioners of His Majesty's 
Treasury, 31st August, 1827. 33-3 6 8 

To the ReV. Geo. O'Kill Stewart, 
his salary as Archdeacon of 
Kingston, for the like period, 
and under same authority,.. . . . 333 6 

To ditto ditto, as one of the Cler- 
gy of the established church for 
the like period, 

To paid into the hands of the Hon. 
Geo. H. Markland, as Secretary 
of the Clergy Corporation, be- 
ing the amount cf the appropri- 
ation, in aid of the support of 
the ministers of the Church of 
England in this Province, au- 
thorised by Lord Goderich's 
despatch of the 5th April, 1832, 3888 17 9} 

To paid to the ministers of the! 
Church of England, being thei 
annual appropriation in aid ofl 
their support, authorised as a-| 
hove mentioned, up to the 30thj 
June, 1833, ! 3880 11 1} 

To paid Roswell Mount, Esq. on- 
account of erecting a house and 
preparing a Glebe for the occu- 
pation of the incumbent of the; 
Township of Adelaide, autho-; 
rised by His Excellency the LtJ 
Governor and Council,. ..... .; 50 



Vide List A. 



Paid Clergt. 



133 



To wnoM taid and dy what AUTHORITY, ^•'•/lona^'a js^eacb. I Rofe r ense «- 



To the Rev. Saltern Givins, to aid 
in erecting a parsonage house in 
the Mohawk Indian Tract in the] 
Buy of Quinte, 

Salary to the Roman Catholic Bi- 
shop, for the year ending 30th 
June, 1833, authorised by the 
Lords Commissioners of His 
Majesty's Treasury, 31st Aug't 
1327, 

Allowance to ministers of the esta- 
blished church of Scotland in 
this Province, for the 12 months 
ending 30th June, 1833, pursu- 
ant to Lord Goderich's despatch 
of 23rd May, 1831, 

Allowance to the Roman Catholic 
priesthood paid in gross to theR. 
Catholic Bishop as per warrant 
for the like period — Lords of the 
Treasury, 31st August, 1827, 

Salary to the Rev. Wm. Bell, Pres 
byterian minister, at the Rideau 
Settlement, for the like period, 
authorised by the Lords of the 
Treasury, 16th Jan. 1818,. . . 

House rent to his lordship the Bi 
shop of Quebec, for the like pe- 
riod, pursuant to Sir Geo. Mur 
ray's despatch of 25th January, 
1830, 

Allowance to ministers of the Uni- 
ted Presbyterian Synod of L T p- 
per Canada, for the J- year end- 
ing 30th June, 1833, authorized 
by despatch from His Majesty's 
Secretary of State for the Co- 
lonies, 

To paid Thos. G. Ridout, Esquire 
Cashier of the Bank of Upper 
Canada, to be paid to the cre- 
dit of Messrs. Haslope and Mars- 
den for the missionary purposes 
of the Wesleyan Methodist So- ( 
Assem. No. 21. x 



£ 



d. 



100 



555 11 li 



1205 4 5 



1111 



23 



111 2 2£ 



200 



388 17 8 






134 



Paid Clergy. 



— . Provincial Currency 

TO WHOM PAID AND DY WHAT AUTHORITY, fee Doliars „ 5,. each f 



ciety, authorised by His Majes- 
ty's Government to be expended 
in building Wcsleyan Methodist 
Chanels in this Province, 



To paid the Rev. John Machar, 
Moderator of the Presbyterian 
Synod of Canada, authorised by 
His Majesty's Government to 
be expended in building Pres- 
byterian churches in this Pro- 
vince, 

To paid John Willson, Esquire, in 
behalf of the Canadian Wes- 
leyan Methodists' Conference, 
being the sum authorised by His 
Majesty's Government to be ap- 
plied to erecting churches and 
chapels for the Canadian Wes- 
levan Methodists in this Pro- 
vince, 

To sundry persons, being portions 
of the allowance of His Majes- 
ty's Government to be expended 
on Roman Catholic churches and 
chapels in this Province as per 
Schedule, 



1000 



1000 



666 13 4 



823 
JOHN H. 



References. 



6 8 

DUNN, J?. G. 



Reeeiver GeneraVs Office, 
31st March, 1835. 



In the Public Accounts of 1833, there is a charge for sa- 
lary to the Bishop of Quebec. It has since been refunded by 
the" Bishop and re-credited in the Public Accounts in the year 
1834— consequently that charge is omitted in this statement. 

JOHN H. DUNN. 



Church of England, 



135 



No. 26. 

A. 

List of the Clergy of the Church of England in the Pro- 
vince of Upper Canada 1st July 1833. 



Adolphustown, . 

Amherstburgh, 

Ancaster, 

Bath, 

Beckwith, 

Bellville, 

Brockville, 

Carrying Place, 

Cavan, 

Chatham, 

Chippewa, 

Cobourg, 

Cornwall, 

Fort Erie, 

Grimsby, 

Hallowell, . 

Kingston, 

London, 

Hamilton, 

Markham & Vaughan, . . 

Matilda, 

Niagara, 

Oxford, 

Perth, 

Cavan, 

Port Hope, 

Prescott, . . .' 

Richmond, 

St. Catharines, 

St. Thomas, 

Toronto, 

Williamsburg, 

Woodhouse, 

Yonge, 

York 

Mohawks, 

Sandwich, 

Osnabruck, 

Thornhilll, 

Guelph, 

Adelaide, 

March & Huntley. 



£f s. 

50 
100 
100 

50 
100 
100 
100 
100 

50 
100 
100 
100 
100 
100 
100 
100 

50 

65 
100 

65 

50 
100 
100 
100 
100 
100 
100 
100 
100 
100 

75 

75 
100 
100 

337 10 
100 

50 

50 

25 

25 

50 

25 
13,492 10 



Job Deacon. 
Romaine Rolph. 
John Miller. 
John Houghton. 
Richard Harte. 
Thomas Cambell. 
William Gunning. 
John Grier. 
Joseph Thompson. 
Thomas Morley. 
William Leeming. 
Alex. N. Bethune. 
George Archbold. 
John Andersen. 
George R. F. Grout, 
Wm. Macaulay. 
Archdeacon Stewart, 
Benjamin Cronyn. 
Ralph Leeming. 
W. T, Mayerhoffer, 
B. Lindsay. 
Thomas Creen. 
Henry Pat Ion. 
Michael Harris. 
Samuel Armour. 
James Coghlara, 
Robert Blakey. 
Robert Short. 
James Clarke. 
Mark Burn ham. 
James Me G rath, 
J. G. Weagant. 
Francis Evans. 
Rossington Elms. 
Archdeacon Strachan, 
Saltern Givins. 
Wm. Johnson. 

F. Mack. 

G. M. Mortimer. 
Arthur Palmer. 
Dominick Blake. 
James Pad field. 

equal to £3,880 11 1\ 
Currency. 



136 



Church of Scotland. 



No. 27. (B.) 



s B i 

* a 
*£* 

£ 3 



£J C C -^ <" L 1-. (^ 



<© pa c_ c_ <J < 



g © " °> 



or? p* * 3 

t=» •=■ ^ 5* _ 

a sa ^o or <-<■ F* •? 

tr i h J; b a 

• - 8 =• B. ff - 



2 O 



qd y 



Q 



r; rj t». CO - 



C fl> 

a *-< 



= <-~ 



C cc 






te 






»-2 "*■ 
O Or 

Eg 

O 

2.CH 

a "~ 






^"ors. 



a . E? » 2 -5* E 5» o E* 2 o b Er*< 



b — o ~ = £ ~. ~. „£ 2. S< 5 

r »■ s r § s- s? o -^ e -- 5 s $ 

a ck - 



i i 



■ i i 



i i i 



?0 WWUWKMaCKCC^CiwKK 

WOO HHi-'^-HkWHI-^-f^^-Hr• v • 

I— l OS 

ClCO Cn in cn Cn Cn W O W CI CA C Ci W CA • 
Cn © © OOOOOOCOOOCOOO?- 



_© CCCC_<CC<XWCCC:CCCCrf*.CCCvCC*K 

O O Cn wwo cn cn c-t cn cn cn cn cn cn cn cn ^ " 

V-, ^M Ml- lh II— il— i I— IV- 1 V- 1 — i— 1 Os 

© CO *? ►^^©rf^v^^^**^^©^^^' 

© CO CO 69 CO O CO 00 09 CO CO CO CO O 69 CO 00 F* 

t>. 4*J to- to- fcS- to- SO- tO- »- (v*- tCr- K— tC~ IO- 



8? 



CC 



fc 



f 





I- 



: CC 
CC 



Presbyterians & Roman Catholics. 137 

No. 23. 
c. 

List of Clergy of the United Presbyterian Synod of Upper 
Canada — January to June 1833. 



Names. 


Stations. 


1st July 1833. 








Sterling 








£ 


S. 


d. 


The Rev. P. Ferguson, 


Esquesing, 


31 


16 


H 


Andrew Bell, 


Toronto Township 


31 


16 


4i 


Duncan McMillan, 


Caledon, 


31 


16 


4* 


Wm. King, 


Nelson, 


31 


16 


4* 


Robert Boyd, 


Prescott, 


31 


16 


H 


Robert Lyle, 


Osnabruck, 


31 


16 


44 


Geo. Buchannan, 


Beckwith, 


31 


16 


4* 


John Bryning, 


Mount Pleasant, 


31 


16 


u 


Wm. Smart, 


Brockville, 


31 


16 


4* 


Robert McDowall, 


Fredericksburgh, 


31 


16 


H 


John Gemmill, 


Lanark, 

Total £ 


31 


16 


U 




349 


19 


101 



Equal to £388 17 8 Currency. 



No. 29. 

D. 

Schedule of Monies paid to Roman Catholic Churches out 
of the sum authorised by His Majesty'' s Government to be 
expended on Roman Catholic churches and chapels in this 
Province, during the year 1833. 



To WHOM PAID. 



SITUATIONS OF THE C^J' „ 

:hes. &■-. oterimg. 



The Rev. Edw'd Gordon, 
Mr. Timothy O'Connor,. 
Alex'r McDonell, Esq.,. 

John Lyons, Esq 

Rev. Murt Lalor, 

Mr. Michael Russell, 
Mr. Peter Polin, } 
James Fitzgerald, > .. . . 
Alex. McDonell, ) 

Alex. Fraser, Esq....... 



Trustee,' Toronto, ,. . . . 

. . .do.. .JGuelph, 

. . .dc^jPeterboro' . . . 
do.. .(Niagara, 

Adjala, 

Toronto Gore, 



.do. 
.do. 



.do... 
,do... 



St. Catharines, 

St. Raphael's, | 
(Glengarry, j 

Total,.. £ 



£ s. do 

27 

54 
135 

90 

40 

40 

55 
300 



r 41 



E-i'ial to £823 G 8 Currency, 



138 



Paid Clergy. 



No. 30. 

Statement of Payments made to the Clergy and Churches 
of different denominations in Upper Canada, under War- 
rants of His Excellency the Lieutenant Governor, during 
the year 1834. 



To WHOM PAID AXD BY WHAT AUTHORITY, &C 



Provincial Currency 

Dollars < 



References. 



2: 



Salaries of the ministers of the 

Church of England in this Pro 

vince, for the year ending 30th 

June. 1834, pursuant to Lord 

Goderich's despatch of 5th April, 

1832, - 

Salary to the Hon. and Rev. John 

Strachan as Archdeacon of York, 

for the like period, authorised 

by the Lords of the Treasury, 

31st August, 1827. 

Salary to the Rev. George O'Kiil 

Stewart as Archdeacon of King- 
ston, for the like period, same 

authority, 33 6 8 

Salary to do. as one of the clergy 

of the established church, same 

period, j 111 

To paid sundry missionaries of the 

Church of England in this Pro- 
vince, to make up 85 per cent. 

on their salaries ; and pension? 

to three retired missionaries and 

two widows, formerly paid by 

the Society for the propagation 

of the Gospel, authorised by Mr. 

Secretary Rice's despatch of 5th 

August, 1834, for the period 

ending the 31st Dec. 1834, 

Salary to the Roman Catholic Bi-. 

shop, for the year ending 30th 

June, 1834, authorised by the 

Lords of the Treasury, 31st 

August, 1827, | 555 11 H 

Salaries to ministers in connexion 

with the established church of 

Scotland, for the yeir end 



Vid 



Lists 
A.&B. 



4220 7 4f < 



Paid Clergy. 



159 



_ « „ Provinc 

TO WHOM PAID AND BT WHAT AUTHORITY, &C p^^, fl g g< ^ 



References. 



the 30th June, 1834, per Lord 
Goderich's despatch of 23d May 
1831, 

Salaries to ministers in connexion 
with the established church of 
Scotland, for the 6 months end- 
ing the 31st Dce'r, 1834, per 
Lord Goderich's despatch, 23d 
May, 1831, 

Allowance to the Roman Catholic 
priesthood, for the year ending 
30th June, 1834, authorised by 
the Lords of the Treasury, 31st 
August, 1827, as per warrant, 

Paid sundry persons, being por- 
tions of the allowance made bj 
His Majesty's Government, to 
be expended on Roman Catho- 
lic churches and chapels in thi 
Province, 

Salary to the Rev. Wm. Beli, Pres 
byterian minister at the Rideai 
Settlement, for the 12 month 
ending the 30th June, 1834, au- 
thorised by the Lords of thi 
Treasury, dated 16th Jan. 1818 

Allowance to ministers of the Uni- 
ted Presbyterian Synod of Up- 
per Canada, for the year end- 
ing 30th June, 1834, per des- 
patch of His Majesty's Secreta- 
ry of State for the Colonies,.. . 

Do. for the half year, ending 31st 
December, 1834, 

House rent to the Lord Bishop of 
Quebec, for the year ending 30ih 
June, 1834, pursuant to Sir G. 
Murray's despatch of 25th Jan. 
1830, 

Paid John Willson, Esq. on behalf 
of the Canadian Wesley an Me- 
thodists, being a proportion of 
the sum appropriated by His 
Majesty's Government, to aid in 



£ s. d. 
1243 17 10 



859 11 10 



1111 2 2J 



512 2 2A 



111 2 2J 

798 7 9| 

403 12 2| 

200 



■E. — 



140 



Paid Clergy. 



~ . „ i Provincial Currency. 

To WHOM PAID AND BY WHIT AUTHORITY, &C j Do ]] ars a 5,, ea ,.).,' 



Rcference«. 



£ s. d. ; 

the erection of places of wor- 
ship in this Province, 388 17 9Jj 

To paid the Rev. Joseph Stinson,' 

representative of the Me*thodist| 

Missionary Society, London,! 

and General Superintendent of' 

Wesleyan missions in Upperj 

Canada, being the sum autho- 
rised by His Majesty's Govern 

ment to be applied to aid in the 

erection of Wesleyan Methodist 

chapels in this Province, ' Gil 2 2Jj 

To paid the Right Rev. and Hon. 

Alex. McDonell, R. C. Bishop! 

of Regiopolis, being the amount] 

of pension conferred on him fori 

special services by His Majes^ 

ty's Government, as directed by: 

Mr. Secretary Stanley's des-, 

patch of 22nd Dec. 1833 ; thej 

present payment being for thej 

period between the 1st October^ 

1832 and 30th June, 1834, in-j 

elusive at the rate of 100/. stg.j 

per annum, ; 194 8 10$ 



JOHN H. DUNN, R. G. 



Receiver GcneraVs Office, \ 
Toronto, Slst March, 1835. J 



Ecclesiastical Establishments. 141 
No. 30. (A.) 

Extract from the Estimates for Miscellaneous services, for fiv« 
quarters to 31st March, 1833, ordered by the Houie of Com- 
mons to be printed. 

CLERGY, NORTH AMERICA. 

Estimate of the charge of defraying the Expenses of the 
Ecclesiastical Establishment of the British North Ameri- 
can Provinces, from the 1st day of January 1832, to tht 
3\st March, 1833: 

£27,433 13s. Id. 



LOWER CANADA. 



3,000 
500 
400 



200 
300 
200 
150 
100 



Bishop of Quebec 

Archdeacon of Quebec 

Rector of Quebec 

Minister of Trinity Chapel, Que- 
bec 

Rector of Montreal I 

" " Three Rivers i 

14 " William Henry j 

t* M Durham j 

f " Chatham \ 100 

" " Caldwell Manor 100 

M '' St. Armand ! 100 

Evening Lecturer at Quebec \ 150 

M " Montreal....! 150 

Verger of Quebec | 30 

Rent of Protestant Burial Ground. 

Presbyterian Minister, Quebec. . . 
" M Montreal . . 

Roman Catholic Bishop, Quebec, 


















20 13 
50 



NOVA SCOTIA. 

Bishop of Nova Scotia 

Archdeacon 

Presbyterian Minister 

To the Governor of King's Col 
lege for the expenses of that in 
stitution 

Archdeacon of New Brunswick. 

Minister at Prince Edward's Is 
land 



50 
1,000 



2,000 

300 

75 



1,000 
300 



o 

o ! 



100 



6.600 IS < 



3,775 ' 6,600 13 6 



142 Ecclesiastical Establishments. 



. 3.775 
Archdeacon of Newfoundland .... 300 

Roman Catholic-Bishop ... 75 

To the Society for the Propagation 
of the Gospel, in aid of the ex- 
penses of the society in the Colo! 
Dies of Upper and Lower Can- 
aria, Nova Scotia, New Bruns- 
wick, Newfoundland, Pri 
Edward's island, and the Cape. ! ll,000 

Total for one year, from 1st A mil. 

1832, to 3ist March, 1833.... 

Add for one Quarter of 183:2 .... 



j. 










6,tiJ0 lo 



15,150 ft 



21,750 13 
5,CS7 14 



Total , £ 27,43^ 13 1 



Dooming Street, Nov. 21, 1831. 



Em, 



I am directed by Viscount Goderich to inform you, that 
in consequence of the strong- objections which exist to the practice 
of making grants of public money in aid of the funds derived from 
private subscriptions by associations for charitable purposes, 
he has had under his consideration the propriety of discontinuing 
that which it has of late years been usual to make to the Society for 
the Propagation of the Gospel. 

His Lordship is of opinion, that it is desirable that the assistance 
thus given to the society by the Parliamentary Grant, should be 
withdrawn, and that in future it should be left to depend according 
to the intention entertained at the time of its original institution, 
upon the subscriptions received from private individuals. In con- 
sideration, however, of the extended field of the operations of the 
Society, and of the great inconvenience which might be expert 
enced from the sudden loss of so large a portion of their income as 
that derived from the public, Lord Goderich is of opinion that it. 
wouM be expedient that the change which he contemplates, 
should rather come into gradual than immediate operation ; he 
has therefore directed me to request, that you will submit to tha 
JiOrds Commissioners of the Treasury the propriety of proposing 
to Parliament the following grants. In ttie year 1S32 the 
*um of 12,0602. instead of 16,182/., the vote for the present year ; 
1833, 8,000/. and in 1^34, 4,000/. being the last year in which 
Lord Goderich conceives thai it will be necessary lo ask any thing 
from Parliament for the support of the Society. 

I am directed to request that you will move their Lordships to fa- 
vour Lord Goderich with their decision upon the proposal submitted 
to them, at their earliest convenience, as it is desirable that the 
♦Society should Urn without delay the course it is intended to 
p ursue. 

I have, &-c 

(Signed) HO WICK. 



Ecclesiastic al Establishments. 143 

C '/';,/ of Minute of the Lords of the Treasury, of 2o'h November, 
1831, on the aforegoing Letter of the Secretary of State. 

Write to Lord Eiowick, for the information of Lord Goderich, 
tha' mv Lords concur in ins Lordship's recommendation thftt tha 
grant to be proposed to Parliament tor the Society for the Prona- 
tion of the Gospel in Foreign Parts, should be reduced to the sum 
ofl''\000Z. in the y*ar 1832, to 8,000/. in the year 1838, and to 
4,0002. Hi the year 3834, and that no further grant should be pro- 
posed after that year. 



Downing Slree', 18th January, 1832. 
Sir, 

In requesting that you will lay before the Lords Com- 
m'ssioners of the Treasury the accompanying Estimates for the 
different Colonial Establishments for the year 1^32, 1 am directed 
by Viscount Goderich to request thai you 8 will call their Lordships* 
attention to the charge which now, for the first time, appears in a 
separate estimate for maintaining the Ecclesiastical Establishment 
of the North American Colonies. This Estimate includes : First, 
the salaries of the Clergy of the Church of England, of the Ro- 
man Catholic Bishop, and of two Presbyterian Clergymen in Cana- 
da ; these amount altogether to 6,600/. .18s. 6d. ; and have fw a 
long series of years been defrayed by an a'uvance from the Military 
chest, in aid of the expense of the Civil Government of the Pro- 
vince. ►Secondly, the salaries of the Bishop of Nova Scotia, and 
the Archdeacons in the several Colonies in his diocese which 
have been transferred from other estimates. Thirdly, the sum 
of 1,009/. which has annually been voted for the support of the 
K-.ng's College in Nova Scotia ; and lastly, the sum of 12,000/. 
for the Society for the Propagation of the Gospel in Foreign 
Ports. Lord Goderich has directed the whole of these several 
charges to be included in the same Estimate, because, being 
nil incurred for purposes connected with the religious instruction of 
the inhabitants of British North America, he is of of opinion that 
it is convenient to exhibit, at one view, the whole expense incurred 
for an object, which, in the present state of these Provinces, he 
conceives ought rather to be provided for by the Colonies them- 
selves than by the Mother Country. In pursuance of this opinion, 
Lord Goderich would hive been most anxious t-e have found, if pos- 
sible, the means of disp msing with the present estimate ; as, how- 
ever, the Colonial Legislatures could not fairly be called upon to 
defray the expense of an establishment which has been formed 
without their concurrence or advice, whilst some of the individuals 
of whom it is composed have accepted their present situation on 
an understanding that they were permanently to be kept up, it has 
appeared to lis Lordship that justice to the Colonies on the one 
hand, & to these individuals on the otiier, would not. permit the sud- 
den discontinuance of the pecuniary assistance hitherto afforded by 
this country. He proposes, therefore, that this assistance shou'd be 
gradually withdrawn as soon as a due regard to existing claims 
w II permit. With respect to the Society for the Propagation of 
th* G ispel, the Lord*? Com ni woners of the Treasury have already 
anctioned an arrangement which hat been communicated to tha 



144 Ecclesiastical Establi&ilmljni's. 

Secretary of that body ; upon the same principle Lord Goderich 
would suggest the proprie y of making, in the present year, the 
usual grant of 1,000Z. to the King's College in Nova Scotia, re- 
ducing this sum to 500Z. in the year 1833, after which it might be 
altogether discontinued. With respect to the salaries directly 
paid by the pub lie to the indivduals by whom they are received, Loi d 
Goderich conceives that they stand on somewhat differents grounds, 
from the assistance given to corporate bodies having other and fluc- 
tuating sources of income. These salaries, forming the two first items 
of the estimate, having been accepted under the idea that they 
would be a provision for their lives by persons who have abandoned 
other prospocts in their profession, his Lordship is of opinion that 
that they should continue to be paid during the lives of the parties 
by whom they are received, or until they can be otherwise provided 
for. With this explanation I am directed to request that you will 
bring under the consideration of their Lordships the propriety of 
iubmitting to Parliament the accompanying estimate. 
I am, Sir, 

Your Most Obedient 

Humble Servant, 

HOWICK. 
The Honorable 

J. K. StEWART. 



No. 31 



A. 



List of the Clergy of the Church of England in the Pro- 
vince of Upper Canada, 1st January , 1384. 







STERLING. 


CLRREXCY- 






£ s. 


d 


£ s. d. 


Romaine Rolph 


Amherslburgh . 


46 13 


4 




John Miller 


Ancaster 


46 13 


4j 




Thomas Campbell... 


Belleville 


46 13 


4 




Edward Deroche... . 


Brockville 


33 6 


a 




J. Thompson 


Cavan .... 


33 6 


8 




Thomas Morley 


Chatham 


46 13 


4 




Alex. N. Bethune. . . 


Cobourg 


46 13 


4 




George Archbold . . - 


Cornwall 


46 13 


4 




John Anderson 


Fort Erie 


46 13 


4 




George Grout 


Grimsby 


46 13 


\ 




William Macaulay . . 


Hallowell ..... 


46 13 


4 




Geo. OKill Stewart, 










L. L. D 


Kingston 


33 6 


8 




Richard H. D'Olier. 


Peterboro' 


25 







Richard Flood 


Beckwith 


25 







Benjamin Cionyn . . 


London 


33 6 


8 





Church m England. 



145 



3TfciU.l>G. 



Ralph Leeming . . . 
John G B. Lindsa\ 
Thomas Creen .... 

Michael Harris 

Samuel Armour. . . 

Robert Short 

Mark Burn ham 

James M Grain 

Francis Evans 

Rnssington Elms. . . 
William Gunning.. 

Saltern Givins 

Arthur Palmer .... 
Vincent MayerhoiFer 
George Mortimer. . . 
John Strachan, 0. D. 
J. Grier 



! lamilton 

\Viiliainsburgl 

Niagara 

?erth 

"avan 

Richmond. . . . 

^t. Thomas. . 

Toronto .-..-.. 

Woodhouse. . . 



Yonge, &c. . . . 
Molawkludiam 

Guelph 

j Mark ham 

Thornhiil. . ... 

York.. •.-.,.;... 

Carrying Place 



£ s. 


d. 


46 13 


4 


46 13 


4 


46 13 


4. 


46 13 


4 


46 13 


4 


46 13 


t 


46 13 


4 


35 


(• 


46 13 


4 


33 6 


e 


46 13 


4 


45 13 


4 


33 6 


g 


W 


C 


50 





100 





70 






1406 13 £ £1562 19 3j - 



B.— No. 32. 

List of the Clergy of the Church of England in the Pro- 
vince of Upper Canada, 1st July , 1834. 



Dr. Strachan, , 
J. Mao-ruth, . . , 

J. Miller, 

T. Green, 

G. Grout, 

W. Leeming,. . , 
J. Anderson, 

J. Clarke, 

M. Burnham, . . 

F. Evans, 

R. Rolph, 

T. Morley, 

A. N. Bethune, 
J. Coghlan,. . . . 
S. Armour,. . . . 
Dr. Stuart,. .. . 
J. Stoughton, . . 
J, Deacon, .... 
Trios. Campbell, 

*. Gr.er, 

W. Macau!.- y, 



Toronto, .... ........ 

Credit, township Toronto 

Ancaster, 

Niagara, 

Grimsby, 

Chippewa, 

Fort Erie, .- 

St. Catharines, 

St. Thomas, 

VVoodhouse, 

Amhersiburgh, 

Chatham, . 

Cobourg, 

Port Hope, 

Cavan, 

Kingston,. ... 

Bath, ... 

Adolphustown, 

Belleville 

Carrying Place, Murray, I 
llallawel',; , ... 



£ 


3. 


96 


5 


70 





70 


<i 


70 





70 





70 





70 





70 


» 


70 





70 





70 





70 





70 


(V 


70 





70 





70 





70 


e 


70 





70 






70 O 
70 



143 



Church or England. 



Qlvins, 

Harris, ... 

Short, 

Id,... 
J. Bos well, . . 
. Gunning, . . 
ily,. ... 

Patton, 

iay, ... 

Mark,.' 

»id, . . . 

rhoner, 
Mortimer, . . 
L< eming, . . 

P*lmei 

Cronyn, ... 




W . Johnson, . 
J.Radcliff, ... 
J. Thompson, . 
R. H. D'Olier, 

R. Flood 

E< dewch , . 
.1, G. W entrant 

Or. ^hillifW,.. 

W. ito:ii!f»»i, . . 

Final 



payment to) 



Moh a wis ■, Bav of Quint 

Perth ?... 

Richmond, 

March, 

Carle! on Place 

Lamb's Pond, 

tt, 



Matilda, 

O nabruck 



tarn, 

am, 

ton, 

Guelph, 

Adi laide, 

Sandwich, 

Warwick-, 

Cavan, 

Peterborough, 

nth, 

B rock vi lie 

Williamsburgh, 

^ Neiffl borl ood of ) : 
} onto. \ | 

Mr. Elms, 

Total Sterling £ 

£3,373 12 QJ Currency. 



70 


G 


70 





70 





70 


o 


70 





70 





70 


o 


70 


o 


70 


n 


70 





70 





: > 





50 





50 





60 





60 


o 


50 


a 


60 





60 





no 





50 





50 





50 


o 


50 


n 


86 





26 


o 


50 


o 


[3036 


S 



c. 



■No. 33. 



LisV of Missionaries, tyc. of the Church or Englajtd, 
the Province of Upper Canada. 1st January, 1835. 

[For the previous six months,] 



George Archbold, . . 


Cornwall, 


£ 
100 
LOO 
100 

57 

100 
100 

100 
100 
100 

100 


JB. 





10 











John Anoerson 

A. N. Bethune 


Fori Erie 

Coboorg 






Robed Blakev 


Prescott, 









F. J. fcosweili . 

M;»rk Burnlnm 

^ *4l0miM ' ■■'!. . 


Dalhoiisie 

Si. Thoraas 

B HcvUle 


R ; .. noroe .... 







r .Fprw-s f lift] ke» 

11 mpi Coghlan 

Jt.\) n.\nfon 




S f . 1 ies 

Port Hope 

\do1ph ns town 








II 



ISSIONAI'.IUS. 



n; 



Francis Evaos, .... 

Saltern Giving, 

John Grier, 

G. R. F. Grout, 

W. II. Gunning,. . . . 

Michael Harris,. . . . 
William Looming,. . 

J. G. B. Lindsay, . . 

John Miller, 

James Magrath,. . . . 
Thomas Morley, . . . 
William Macaulay, . 

Henry Tat ton, 

Horn line Rolph, 

Robert Short, 

John Strachan, 
John Stoughton,. . . . 
G. O'Kill Stuart,.-. 
Joseph Thompson, . 
Samuel Armour, . . . 

D. K.Blake, 

B. Cronvn, 

E. Deroche, 

R. H.D'Olier, 

William Johnson, . . 

V. Mayerhoffer, 

G. Mortimer, 

F. Mack 

J.Padfield, 

A. Palmer, 

W. Bettridge, 

R. Flood,. 1 

Thomas Phillips,. . . 

J. Radcliff, 

J. Short, 



Woodhouse, 

f Mohawk Tract, » 
\ Bay 6f Qulnte, j 

( !a crying Place,. . . . 

Grimsby, 

Elizabetfyown, 

Perth, 

Chippewa 

{ Williamsburg & \ 
\ Matilda. j 

Ancaster, 

Toronto township, . . 

Chatham 

Hallowell, 

Oxford, 

Amherstburg, , 

Richmond, 

City of Toronto,. . . 

Bath, 

Kingston, 

( 'avan, 

Peterborough, 

Adelaide, , 

London, 

Brockville, 

Peterborough, 

Sandwich, 

Markham, 

Vaughan, , 

Osnabruck, 

March, 

Guelph, 

Woodstock, 

Carradoc, 

Etobico 

Warwick, 

Richmond 



100 

100 o 

100 

: 100 

' 100 

1 100 

i LOO 

I 57 10 



100 








57 


10 





100 








100 








100 








100 








100 








137 


10 





100 








100 








120 








30 








50 








50 








50 








50 








50 








30 








50 








30 








30 








50 








50 








j 50 








50 








1 50 








33 


6 






£3033 6 8 



Retired Missionaries. 



Ralph Learning,. 
J. O. Weagant, . 
J. I). Petal 



5Q 





50 





15 






H3 Church of Scotland, 

Widows receiving Pensions. 



Mrs. Mountain, . 
Mrs. Samson, . . 



25 

25 



Sterling.... £3,798 6 8 
Currency.... £4,220 7 4} 



Fund D. & E.— No. 34. 

£,I9T of the Ministers in connexion icith the Established 
Church of Scotland in Upper Canada, 1st Jari*y and 1st 
July 1834, and 1st Jan'y 1835. 



Names. 


Stations. 


1st Jan'y. 

1834. 


1st July 

1834. 


1st Jan'y. 
]835. 






£ s. 


d. 


£ a. d. 


£ 


e. <L 




City of Toronto) 












Rev. W. Rintoul, 


to June 1834, £ 














Steetsville since 3 


45 





41 16 8i 
28 


29 





— Alex. Ross, 


Aldborough, 


28 





29 





— John Macbar, 


Kingston, j 


28 





20 16 8 


36 


7 4 


— Alex. Gale, 


Hamilton, 


6 11 


Hi 


20 16 8 


36 


7 4 


— VV. McAllister, 


Lanark, 


23 





28 


29 





— Tho. WiisoD, 


Perth, 


23 





28 


29 





— A.M'Naughton 


Lancaster, 


3 13 


H 


28 


29 





— Arch'd Connell 


IMartintown. 


28 





28 


29 





— John M'Kenzie 


Williamstown, 


28 





28 


29 





— H. Urquhart, 


Cornwall, 


28 





28 


29 





— Wm. Stewart, 


Gait, 


28 





23 


29 





— J. Cruiksbank. 


Bytown, 


28 





28 


29 





— Rob. lYi'Gill, 


Niagara, 


28 





28 


29 





— Jas. Kelchan, 


Belleville. 


28 





28 


29 





— Geo. Cheyne, 


Amherstburg, 


28 


9 


28 


29 





— P.M'Naughton 


Vaughan, 


28 





28 


29 


o 


— M. Y. Stark, 


Dundas. 


14 17 


7| 


23 


29 


o 


— James Smith, 


Gueiph, 


28 





23 


29 





w- John Smith, 


Beck with. 


9 13 


H 




28 


29 





— Henry Gordon 


Whitchurch & ) 
King, i 





28 


29 





— J no. M. Roger. 


Peterborough, 


11 19 


31 


20 1G 8 


36 


7 4 


— P. Ferguson 


Esquesing, 








20 16 8 


36 


7 4 


— Jno. Fairbairn. 


Ramsay, 


9 13 


p 







29 





— Geo. Romanes, 


Smith Falls, 


1 7 


ooo 


29 





The Ch. of Toronto 










48 


3 3| 



— Matt. Miller, 


Colborne, } 
Newcastle Dis. ] 


28 













522 1(3 


Si 


601 3 44 








D- 


Sterling £i 
Currency 


522 16 8 








1124 0;} 






1248 17 10 






Sterliug£ 


778 12 ?| 






E 




Currency 


359 


U 10 



Roman Catholic Churches, 



110 



F.— No. 35. 

Schedule of Monies paid to Roman Catholic churches out 
of the sum authorised by His Majesty's Government to be 
expended on Roman Catholic churches and chapels in Up- 
per Canada, during the year 1834. 



To whom Paid. 



Mr. Dennis O'Brvan, , 

Mr. Hugh O'Byrn, 

The Rt. Rev. Alex. McDoneU, . , 

, .do do do 

The Hon. Alex. Grant, Trustee,, 
The Rev. John Cullen, Trustee, 
The Rt. Rev. Alex. McDoncIl, . , 

do do do , 

The Rev. Edward Gordon, 



SITUATION' OF THE C to ,.1 J n rr 
CHURCH, &c. 



London, 

St. Thomas,. . 

Loughboro' ) 

fori, ) 

do 



Longueuil, . . . 
Plantagenet,... 
Kingston, .... 

Camden, 

Niagara, 

Sterling £ 



45 

45 

30 

36 

40 

30 

135 

18 

81 18 



460 18 



Total Provincial Currency £|512 2 2h 



G. & H.— No. 36. 

List of the Clergy of the United Presbyterian Synod of 
Upper Canada — 1st January and 1st July 1834— and 1st 
January, 1835 



Names. 


Stations 


1st Jan 
1834 


'r. 


1st July 
1834. 


1st Ias'y 

1835. 






riterliug. 


Ster. in. g 


Sterling. 






£ 8. 


d. 


£ 8. d. 


£ 8. d. 


Rev.G. Buchannan 


Beckwitb. 


31 16 


y 


29 3 4 


34 9 4£ 


— Andrew Bell, 


Toronto, Tp. 


31 16 


31 16 4£ 


31 J 6 4& 
31 16 44 


— John Gemmill, 


Lanark, 


31 16 


A A 


31 16 4| 


— John Bryning, 


Mount Pler^aaf. 


31 16 


44 


31 16 4A 


3[ 16 44 
34 9 4£ 


— Robert Lyle, 


Osnaburg, 


31 16 


44 


29 3 4 


— Robert Bovd, 


Prescott, 


31 16 


i 


29 3 4 


34 9 4A 


— Wm. Smart, 


Brockville, 


31 16 


29 3 4 


34 9 4| 

o o 3 


— P. Ferguson, 


Esquesing, 


31 16 


44 





— P. M'MiUan, 


CaiedoD, 


31 16 


44 


31 16 4| 


31 13 Ai 


— Wm. King, 


Nelson, 


31 16 


i 


29 3 4 


34 9 6k 


— R. M'Dowall, 


Fredericksburg, 


31 16 


31 16 Ai 


31 16 4 J 


— J as. George, 


Scarbcry 





d 


31 16 4i 





— G. M'Uletchey 


Clinton, 

£ 








31 16 <r 


31 16 4| 




349 19 10} 


303 11 l\ 





Assem. No. 21. 



150 



Presbyterian Synod, 



Sferlino; £ 



349 19 10* 



713 11 W 



G - - - - Total Currency, "9:5 7 9f 

Sterling £:o63 5 



JI 



! Currency, U03 IS a$ 



No. 37. 



sir; 



Inspector General's Office, 
30lh March, 1835. 



I have the honor to state for the information of Hi» 
Excellency the Lieutenant Governor, that when I was before the 
Committee on Grievances on Friday last, I made known to the 
chairman that I should furnish him with the information required 
by your communication of this date, and have accordingly direct- 
ed the first, clerk to attend the Committee at its earliest meeting. 
The sum alluded to, is paul under the authority of Mr. Secretary 
Stanley's despatch of the 27th January, 1834, and was acciden- 
tally omitted in transcribing the account furnished for insertion in 
the Blue Book but would appear in the accounts transmitted home 
by the Receiver General. 

I have the honor to be 
Sir, 

Your most obedient humble servant, 



U. Col. Rowan, 
&c. &c. &,c. 



GEORGE II. MARKLAND. 

Inspector General. 



No. 38. 



Address of the Canada Conference of the' 
Methodists to Sir John Colborne. — Dated, Sep- 
tember 8th, 1831, as published in the Confer- 
ence Paper. 

To His Excellency Sir John Colborne, K.C.B., 
Lieutenant Governor of the Province of 
Upper Canada, Major General commanding 
His Majesty's Forces therein, fyc. fyc. fyc. 

May tt please Torn. Excellency: 

We, His Majesty's dutiful and loyal subjects ik* 
Conference of the Methodist Episcopal Church in Canada-, 



Address of the Conference. 151 

take the liberty to enclose to Your Excellency an address to 
If is Majesty with accompanying documents, most respectfully 
requesting Your JL to transmit them to His Majesty's 

Principal Secretary of State for the Colonies, to he laid at 
the foot of the Throne. 

Permit us to avail ourselves of this opportunity to express 
our best wishes for Your Excellency's spiritual and temporal 
prosperity, and to assure Your Excellency of our sincere desire 
and firm determination to second Your Excellency's exertions 
for the public good, by doing all in our power top 'omote the 
interests of morality and pure religion, the essential precepts 
of which are, Fear God and honor the King, 

By order of the Conference of the Methodist Episcopal 
Church in Canada. 

(Signed) W. CASE, President. 

(Signed) JAMES RICHARDSON, Secretary. 

York, Sept 8th, 1831. 



To which His Excellency was pleased to return the follow- 
ing answer : 

Gentlemen* 

I shall not fail to transmit to the Secretary of 
State your memorial addressed to the King. 

In returning my best thanks to you for your good wishes, 
I may venture to affirm that the assurances of your desire 
and determination to promote the interests of pure religion, will 
afford general satisfaction ; because a very unfavorable im- 
pression has been made from one end of the Province to the 
other as regards an imputed secular interference on the part 
of your preachers : an impression I am afraid, that must tend 
to counteract the salutary effects that ought to result from the 
active piety and zeal of your Societj'. I refer with reluc- 
tance to the public opinion formed of the doctrines inculca- 
ted by ministers of every denomination of Christians, or tne 
principles which they are said to espouse : but on this occa- 
sion I think it right to acquaint you that although the charac- 
ter of your ministers is probably aspersed, and although they 
may not as is said, take advantage of the influence acquired 
by their sacred office, to conduct the political concerns of the 
people committed to their care, to be instructed only in the 
words of eternal life, yet, I cannot imagine that if there were 
not some grounds for ihc imputation, of their inconvenient aU 
tention to secular concerns a desire for the return of the Wesr 
Jej/an Missionaries toresume their pastoral labors in this Pro* 



152 Answer to the Address of the 

vince would not have been generally expressed. This conclusion 
may be erroneous, but I am in somemeasure led to it from the 
reports which I have received of the absurd advice offered by 
3 our Missionaries to the Indians, & their officious interference ; 
if any reliance can be placed on the statements of the Indi- 
ans themselves, the civilization of whom the Superintendents 
of the Indian Department are endeavoring to accomplish. 

With our excellent Constitution in this Province, I trust wc 
shall always find a sufficient number of supporters of Civil 
and Religious freedom, without the interference of the Minis- 
ters of the Gospel. Your Preachers, whether they arc 
brought from the United States, or any other foreign country, 
will, I hope experience, while they act honestly and respect 
British Institutions, the same protection and encouragement, 
and freedom, which all Americans enjoy, who have found 
an asylum among us, and choose to live under the British 
Government in this Province, and securely enjoy the rights 
of our own Colonists — which are assured to every denomi- 
nation, party sect or persuasion. 

Your dislike to any Church Establishment, or to the parti- 
cular form of Christianity which is denominated the Church 
of England, may be the natural consequence of the constant 
success of your own efficacious organised system. The small 
number of our Church is to be regretted, as well as that the 
organization of its Ministry is not adapted to supply the pre- 
sent wants of the dispersed population in this new country : 
but you will readily admit that the sober-minded of the Pro- 
vince are disgusted with the accounts of the disgraceful dissen- 
sions of the Episcopal Methodist Church and its separatists — 
recriminating memorials, and the warfare of one Church with 
another. The utility of an Establishment depends entirely 
an the piety, assiduity, and devoted zeal of its 3Iinisters, 
and oil their abstaining from a secular interference, ichich 
may involve them in political disputes. The labours of the 
Clergy of Established Churches in defence of moral and re- 
ligious truth, will always be remembered by you who have 
access to their writings, and benefit by them in common with 
other christian societies. You will allow, I have no doubt, 
on reflection, that it would indeed (with the inconsiderable 
population of the Province) be imprudent to admit the rights 
of societies to dictate on account of their present numerical 
strength, in what way the lands set apart as a provision for 
the Clergy shall be disposed of Ample information on the 
question has been laid before the Imperial Parliament, and 
no inconvenience while it is pending can arise in respect to 
she occupation of these lands : for there are more acres no\y 
red for sale than purchasers can be found for them. 



Met no: it Canada Conference, 153 

In a few years the Produce will be peopled by millions of 
our own countrymen, and many of tin: arrangements of His 
Majesty's Government will have reference naturally to the 
population of the Mother Country, destined to occupy the 
Waste Lands of the Crown. 

The system of Education which has produced the best and 
ablest men in the United Kingdom, ivill not be abandoned 
here, to suit the limited view's of the leaders of Societies, who 
perhaps have neither experience or judgment to appreciate 
the value or advantages of a liberal Education. But the 
British Government will, I am confident, with the aid of the 
Provincial Legislature, establish respectable schools in every 
part of the Province, and encourage all societies to follow 
their example. 

A Seminary, I hope, will not be termed exclusive, which is 
open to every one, merely because the classical masters, are 
brought from our own Universities. 

It may be mentioned, without giving offence to the members 
of any church or persuasion, that there are few individuals 
who think that Ministers of the Gospel can conduct political 
journals, and keep themselves unspotted from the world, and 
put away all bitterness and wrath, and clamour and evil 
speaking, which the attacks of their adversaries may engender, 
or that their avocation will not force them to spend their time 
like the x4thenians in their decline, in nothing but *' either to 
tell or to hear some new thing," I am persuaded that the 
friends of religion will strongly recommend ministers of the 
Gospel to labour to increase the number of Christians, rather 
than the number of their own sects or persuasions, to close 
their Churches and Chapels against ail political meetings, and 
indeed all meetings for the transaction of secular business, and 
never to permit their consecrated places to be profaned by the 
party spirit of the hour. — 



No. 39. 

OOPY. 

Government House, loth March, 1833. 

Gentlemen, 

I am directed to acquaint you, with reference to the 
applications to His Majesty's Government from several religious 
denominations for assistance in the present state of the Province 
to enable them to build churches or chapels, the Lieutenant Gov- 
ernor has been authorised to place at the disposal, ttns year, of the 
British Wesley an Conference the sum of £900, and JC600 at the 



154 British Weslevan Conference. 

disposal of the Canadian Wesleyan Conference, to be applied in 
erecting such churches or chapels as may be required ; and I am 
to inform you, that on your stating the manner in which the grant 
is to be applied, His Excellency will order the amount to be placed 
at your disposal. 

I am, &c. 

Wm. ROWAN. 
The British Wesleyan Conference, ) 
and the Canadian Wesleyan > 
Conference. ) 



No. 40, 

Copt. 

Government House, Toronto, ) 
4th July, 1834. J 

fGBNTLEMEN, 

I am directed to acquaint you, with reference to the 
applications of His Majesty's Government from several religious 
denominations for assistance in the present state of the Province 
to enable them to build churches or chapels. The Lieutent Gov- 
ernor has been authorised to place at the disposal, this year, of the 
British Wesleyan Conference the sum of £550, to be applied in 
electing such churches or chapels as may be required ; and I am to 
inform you, that on your stating the manner in which the grant is 
to be applied, His Excellency will order the amount to be placed at 
your disposal. 

I have, &c. 

Ws. ROWAN. 
The Wesleyan 

Methodist Conference. 



No. 40. (a.) 

To His Excellency Sir John Colborne, Lieutenant Gov- 
ernor of the Province of Upper Canada, Commander of 
His Majesty's forces therein, fyc. &fc. Spc. 

May it please Your Excellency, 

I had this day the honor of receiving through the Rev. James 
Richardson, a communication from Your Excellency, respecting a 
grant of £559 to the British Wesleyan Methodist Conference ; the 
order for which Your Excellency is pleased to say you willgive on 
being msde acquainted with the manner in which the above sum is 
to be appropriated during the ensuing year. While on behalf of 
the British Wesleyan Methodist Conference and Missionary Socie- 
ty, which I have the honor to represent in this Province, I gratefully 
acknowledge this pecuniary assistance, I beg permission to inform 
"Jour Excellency, that it will be applied to the erection or repairing 



Canadian "VTeslEyan Conference. 155' 

of chapels and school houses, and defraying the general expenses" 
of the various mission stations in our charge. 
I have the honor to be, 

Your Excellency's very obedient 
Humble servant, 

JOSEPH STIIWSON, 
City of Toronto, July 7. 1834. 



No. 41. 

€opt, 

Government House, 
Toronto, 4lh July, 1834, 
Gentlemen, 

I am directed to acquaint you with reference to the 
applications to His Majesty's Government from several religious 
denominations, for assistance in the present state of the Province, 
to enable them to build Churches or Chapels. The Lieutenant 
Governor has been authorised to place at the disposal, this year, of 
the Canadian Wesleyan Conference, the sum of £350, to be appli- 
ed in erecting such Churches or Chapels as may be required ; and- 
I am to inform you, that on your stating the manner in which the 
grant is to be applied, His Excellency will order the amount to bd' 



placed at your disposal. 

The Canadian /' 

Wesleyan Conference. $ 



I am, &c. 

Wm, ROWAN, 



No. 42. 

Resolutions of the Canadian Wesleyan Conference,- 

Resolved, That should His Majesty's Government be plessc-dh 
to grant pecuniary aid to the Canadian Wesleyan Methodists, ac- 
cording to the application that has been made to His Excellency 
the Lieutenant Governor, Sir John Colborne, for that purpose. 

If such aid shall be restricted to the building or affording aid irr 
building Chapels and Houses of Worship, or in paying for such as 
have been built and not wholly paid for, the same is hereby direct- 
ed to be applied in the following manner, that is to say :-— 

Towards the building a house in the town of Peterborough-— Pe- 
terborough Ci'-cuit, Newcastle District. 

For the Brck Chapel in Grantham at the Ten Mile Creek, in tha 
District of Niagara 

For the Chapel of 30 Mile Creek in Clinton, District of Niagara, 

Towards the building a house on the-.Landsdown Circuit, in th3 : 
Johnstown District, in the township of South Crosby or Bastard, 

For a Chapel in the Town of London, in the London District, 



150 Canadian Weslevax Conference. 

To one in St. Thomas', District of London. 

To one in Vienna Village, snme District. 

Toone in the Town of Hallowell, Prince Edward District. 

To paying for the sum due on a Chapel, building in the township 
of Young, in the Johnstown District. 

Towards the building or paying for a Chapel in the City of To- 
ronto, if circumstances should make it necessary. 

Resolved, That John Willson, Esquire, is hereby fully author- 
ised to apply to His Excellency the Lieutenant Governor for any 
aid that may be granted to this Conference* and receive the same, 
and to sign any acquittances or give any receipts that may be ne- 
cessary in the premises, and to distribute the same in the manner 
hereinbefore directed, and to prepare and lay before the next annual 
Conference a true and faithful account of all monies by him receiv- 
ed on the grounds of the aforesaid resolutions. 
By order of the Conference, 

A. K. McKENZIE, 
JOHN FLANAGAN, Sec'y. 
Hamilton, Newcastle District, 19th June 1834. 



No. 43. 

Colonel Rowan, Private Secretary to His Excellency the 
Lieutenant Governor, fyc. fyc. fyc. 
SIR, 

For the information of His Excellency the Lieutenant 
Governor, as required by your letter to Daniel Breakcnridge, Jun'r 
Esq , dated Government House, York, 28th June, 1833, — and by 
whose recent death, it now devolves on me to answer the said com- 
munication, being under cover to Jonn Willson, Esq. of Saltfleet, I 
was early made acquainted with its contents, and communicated the 
same to Mr. Breakenridge, then in a distant part of the Province, 
and appointed an extra meeting of the Conference, for the purpose 
of submitting His Excellency's acquirements ; at which time a 
number of the preachers and delegates being present, — but the 
then sickness and subsequent death of the Reverend David Breack- 
enridge, President of the Conference, is the sole cause why that 
required explanation has not been given sooner. 

I beg to state that it was resolved, the grant made by His Majes- 
ty's Government to the Canadian Wesleyan Methodists should be 
applied particularly in building a Chapel In the town of Hamilton, 
and in rebuilding one recently destroyed by fire in Ancaster, and to 
aid in building such other places of worship as a Committee ap- 
pointed by the conference might be enabled to apply the surplus 
means thereto, if any such there be. 

And lam further directed to state that John Willson, Esquire, 
M. P. P. is fully authorised to receive the said sum of money for 
and in behalf of tne Conference. 
I have the honor to be, Sir, 

With great respect, Your most obedient 

And very humble servant 

A. K. McKENZIE. 
Hamilton, October 31. 1833. 



CtitT&CH OF .ScOTT.AND. 

T\o. 44. 



157 



Copy, 



CrBNTLEMEN, 



tlovKnxMKNT House, ) 
loth March, 1833. V 



I nm directed by the Lieutenant Governor to ac- 
quaint yon with reference to several memorials, which have been 
transmitted to the Secretary of State for the Colonies from con- 
gregations under your charge, that His Majesty's Government ha» 
authorised a grant of £900 to be made this year for the purposa 
of assisting your congregations in building churches and chapels; 
and 1 am to Inform you that on your stating the manner in which 
the grant is to be applied, His Excellency will order the amount 
sanctioned to be placed at your disposal. 



I have, &c. 



The Synod eptablished in Upper ) 
Canada, in communion with > 
ihtt Church of Scotland. 1 



WM. ROWAN, 



N. 



Copy. 



HOVETIKMENT HoUfll?, { 

Toronto, 4lh July, 1834. \ 



Gentlemen, 



I am directed to acquaint you with reference t« 
it) the applications to His Majesty's Government from several reli- 
gious d'Miorn (nations for assistance in the present state of the Pro- 
vmee to enable them to build Churches or Chapels, the Lieutenant 
Governor has been authorised to place at the disposal this year of 
trie Presbyterian Synod of Canada, in connexion with the Estab- 
lished Church of Scotland, the §um of five hundred and fifty pound* 
to he applied in erecting such churches or chapels as may be re- 
quired, and 1 Am fo inform you, that on your slating the manner 
ii which the grant is to be applied, His Excellency will order-in* 
amount to be j bced at your disposal. 



I am ,&c, 






■VKOO ^s 



'abtishrd in rim- ) 



wm: rowan, 



mumon with the Church of > 
Seo hnd. S 

Ass em. \o. 21. A 2 



153 Church of Scotland. 

No. 46. 

Kingston, Julu 17, 1834. 
Sir, 

Your letter of the 4th instant addressed to " The Synod 
of the Presbyterian Church in Canada, in connexion with the Es- 
tablished Church of Scotland," stating that the Lieutenant Gover- 
nor has been authorised to place £550 at the disposal of the Synod 
of Canada this year, shall be laid before the Synod at its meeting 
during the first week of August. 

in the meantime, I have the honour to transmit, for His Excel- 
lency's satisfaction, a statement of the payments made by me out 
of the grant for last year, together with the vouchers for the same, 
which I have numbered for the sake of more convenient reference. 

Received. 

183& II. C. 

August 26th. — By amount of Government Grant £1000 

Paid. 
Vouchers. 

1833. 
2. August"26th. — To the Reverend William Riotoul, 
for the Moderator of the Presbytery 
ofYork £320 

2. September 16th. — To the Moderator of the Presbytery 

cf Kathurst 80 

3. October 10th.— To do. do. do 145 

4. November 8th. — To the Trustees of <£obourg Church 

by order of the Presbytery of King- 
ston 75 

5. November 8th.—- To the Moderator of the Presbytery 

of Glengarry 225 

1834. 

6. January 13th. — To the Trustees of Colborne Church, 

by order of the Presbytery of King- 
ston 50 

7.- March 11. — To the Reverend A. Gale for the Church 
at Hamilton, by order of the Com- 
mission 50 

£945 

Balance £55 

It will be perceived from this statement that there still remains 
in my hands a balance of £55, to be disposed of by the Synod. It 
is proper, however, to state that this balance was reserved, r.ct 
because there were no application for it but became the commission 
at their meeting in January last, felt a difficulty in deciding en the 
competing claims of the different congregations applying for it. 

I had hoped, before the meeting of Synod, to have been enabled 
to place in His Excellency's hands, a general report of the actual 
application of the moni< a paid to the several Presbyteries, grow 



Roman Catholic Church. 159 

on the returns made by the Moderators of these Bodies, butaa these 
returns have not been all made, and I find cannot in some cases, be 
made until the meeting of the Synod, the furnishing of the report 
in question must form a part of the duties of my successor as Mode- 
rator of Synod. 

I beg to state further, for His Excellency's information, that 
while 1 am at present unable to name the exact number of places 
from which there will be applications to the Synod this year, for as- 
sistance from the Government Grant for Church building, all the 
requisite returns not having been sent in to me, I am convinced 
from those reports of our Presbyteries, which I have seen, that the 
number of such applications will be considerably increased this year, 
and that the Synod with the funds at its disposal, will not be able to 
meet the demands that will be made upon it. 
I have the honor to be, 
Sir, 

Your Obedient 

Humble Servant, 

JOHN MACHAR. 
Moderator of the Synod of Canada. 
Lieut. Col. Rowan, 

Government House, 
Toronto. 

1 have to request that the accompanying vouchers may be return- 
ed to me, after they have been submitted to His Excellency. 

J. M. 



No. 47. 
Copy, 



Government House, > 
I5tk March, 1833. J 



My Lord : 

I have the honor by the direction of the Lieuten- 
ant Governor to acquaint your Lordship, that His Majesty's 
Government has authorised a grant to be made this year of 
£900 to be expended in building Churches and Chapels for 
the use of the Roman Catholic congregations in this Province, 
under the control of such Trustees, as may be nominated to 
superintend the erection of the particular Chapels required, 
and I am to inform your Lordship, that on your stating the 
manner in which the grant is to be applied, His Excellency 
will order the amount sanctioned to be placed at the disposal 
of the Trustees. 

I have, &c. 

Wm. ROWAN. 
The Honorable and Right Rcv'd, ) 
Bishop MuDonell. ) 



KjQ 



Roman Catholic; Church. 



No, 48. 

A List 'of Commissioners appointed to see that the sevtral 
turns allotted to the following Churches out of the govern- 
ment grant (for building Catholic Churches) be prudently 
and properly laid out, according to their resjjective appoint- 
ment. 



C0M.-UlaSlO.NKKS. 

• 


Churches. 


Sums allotted 
to eackChiiroh 


Colonel Alex. Fraser, Hugh McGiilis Esq. 
Mr. Archibald McDonald, 

■ 


Glengarry, 


300 
150 

100 

60 

40 

40 

40 
30 


». u. 




Alex. McDonell, Esq., Doctor Coning, 


Peterboro', 





John Lyons, Esq., Donald McDougal, Esq. 
Mr. Harris, and Re?. Mr Polin, 


Niagara. 


3 


Rev. John Cassidj, Mr. O'Connor, and 
Mr. McGiiiis, 


Guelph, 





Hon. Alex. Grant, Mr. John McMaster, 
Hev. John Culleu, 


Longueil, 





Rev. Edward Gordon, Mr. Johu Maguire.' 
fieur., Charles Doherty, 


Toronto, 





Rey. Mr. Lalor, Mr. RusseJ, 

• 


Cure of Toronto, 





Rev. Murt Lalor, Mr. Keenau, and Mr 

Kelly, 


Adjala, 





Rev. Edward Gordon, Mr. O'Brien, 


Loughboro', 






Rev. John Culleu, Alex. McDonell, Sher- 
iff, Mr. Molloy, 



Petite Nation, 30 



fiev. Lawrence Denipsey, Mr. Bell, Pcnetauguishine j 30 



Alexander McDonell, Esq., Mr. Jamee 
Pttzgeraid, Rev. Mr. Polin, St. Catharine?, 55 



SOU G> 

ALEX. MACDONELL, L> T.. 



Roman Catholic Chufxii. iGi 

No. 48. (A.) 

Copy, 

Government House, \ 
Toronto, 4th July, 1834. J 
Mr Lord Bishop: 

I have the honor by the direction of tho 
Lieutenant Governor to acquaint your Lordship, that His 
Majesty's Government has authorised a grant to be made this 
year of £550, to be expended in building Churches or Chapels 
for the use of the Roman Catholic congregations in this Pro- 
vince, under the control of such Trustees as may be nominated 
to superintend the erection of the particular Chapels required ; 
and I am to inform your Lordship, that on your stating the 
manner in which the grant is to be applied, His Excellency 
will order the amount sanctioned to be placed at the disposal 
of the Trustees. 

I have, &c. 



To the Honorable and Right Rev'd, ) 
B:snop McDoxell. ) 



Wm. ROWAN. 



No. 49. 
£For the year 1834.] 



Distribution of Government allowance for building and 
finishing Catholic Churches and Chapels, 



To the Church at Maiden, ..£90 

London, ...... 50 

St. Thomas, 50 

Guelph, 30 

Niagara, . 91 

St. Catharines,. 30 

PortHope,. 20 

Camden, 20 

Trent, 20 

Cornwall 20 

Kingston, 150 

Loughboro/.. ............. 40 

£550 Sterling reduced to ) -.. 

Currency, j 0il 






Roman Catholic Church. 



Commissioners to expend the above htm upon the respective 
Churches. 



Fo 



jf'grtt t c n» 1 1 ( Rev. Aneus McDonell, 
r the Church of Maiden \ T ~ , . „ .„ ' 

. , n < James Caldwell, Esq. 

or Am hurst bun:, i r . P n n r 

«-' ( r ranns Caldwell, Esq, 

r 



London, 



St. Thomas, 



Guelph, 



Niai 



Rev. Daniel Downey, 
. Dennis O'Bryan, Esq, 
( Patrick Smith, Esq. 
( Rev. Daniel Downey, 
•] Hugh O'Byrne, Esq. 
( Lawrence Doyle, Esq* 
( Rev. Jphn Cassidy, 

<J Ward el, E; 

( Thomas Rolpli, M. D. 
f Rev. Edward Gordon , 
j John Lyons, Esq. 
I Daniel McDougal, Esq. 
[ Mr. Harris, 

Rev 



C Kcv, Edward Gordon, 
Catharines, -j Alexander McDonell, Esq, 
-- *■/ -Mr. -Fitzgerald, Merchant, 

Rev. Patrick McDonagh, 

Alex. McDonell, Esq. 

Edward Duffy, Esq. 

Mr. James McCarty. 
^ Rev. Michael Brennan, 
^ Dennis McCawley, Esq. 
( Donald McLcllan, Esq. 
\ Rev. James Bennett, 
j Mr. Thomas Campbell, 
| Mr. Hugh Evans, and 
£ Mr. John McLaughlan. 
i RightKev. Alex. McDonell, 
< Walter MCunilTe, Esq. 
( David Leahy, Esq. 
( Right Rev. Alex, McDonell, 
j Mr.MarkHyland, 
( Mr. John Connally. 
l Right Rev. Remcgius Gaulin, 
■ Donald McDonald, Esq. 
/ Mr. Mason, Merchant. 



Port Hope, 



Trent, 



amden, 



Kmcstoii 



Lon::hl 



Cornwall, 



VLEX. MACDONELL, Ep. R. 



Church of England. lr.) 

No. 50. 

THE CHURCH OF ENGLAND CLERGY^ 

They received in 1833, from the Government of Tapper 

Canada (see Blue Book, page 102).- - - - - .£1*3,281 

And in 1834, from the same, (see the same authority 

lor 1834, pago 102). 9,602 

£21,88:? 

Tn 1S32, the net sum paid by Government to this Clergy (froi .> 
the revenues raised out of the people of Upper Canada,) was, 
£5,438. 

In the return sent in 1833, to IIi3 Majesty's Government i.i 
England (see Blue Book) an account is given of 45 Parishes, hi 
all of which there is at least one clergyman, and in some Parish- 
es two. The population of each Parish is also set down, and th ' 
number of persons who geaerally attend the services of the 
Church of England. In a note it is stated that "they (tl..» 
Clergy) derive no local benefit from their respective chorgeO 

The sum of 9,G02Z. paid this Clergy, in 1834, is shown in «] ~ 
official return to consist of the following items, namely, s,';'-. ." 
two Archdeacons 6661. , Secretary and Registrar of the Olerj j 
Corporation 262Z. ; contingent expenses of clergy corporation 
7691 ; House rent to Bishop of Quebec 200Z. =9,6021. 

M Part of the salary of the Bishop of Quebec was allowed to 
be paid out of the proceeds of the Clergy Reserves, as a tempo- 
rary arrangement, but it is now paid by vote of the Imperial Par- 
liament, "Blue Book, 1833, page 102." 

The salary of the Bishop of Quebec is 3333/.* currency, over 
and above his house rent at Toronto, for which the people of 
Upper Canada are charged £00J". 

[We perceive a salary of 1500/. sterling directed by Lord God- 
erich to be paid thc'Bishop of Quebec from the casual revenue. 
but this was only a temporary expedient, for a patt of his iucoin 
and the order has lleen since withdrawn.] 

In the returns sent down to the Assembly, we find the follow- 
ing payments from monies raised in Upper Canada, 1833. 
Appropriation to George II. Mark kind, Secretary to 
Clergy Corporation, to support ministers of the 

. Chutch of England (from fund D.) -,--.. - £33.8:1 
Payments from Clergy Reserves, l\>r the support of Min- 
isters of the Church of England, for 12 months, ending 
June 1833. - - - - - ^ - - - ^- - _ _ .! 
Tn MayorhofFer for building Church in Vaughan - - . •» 

IN 1831, 

To sundry missionaries of the Church of England, and 
^pensions to ihree Missionaries ami two Widows - - 255G 
The payment of Archdeacons of the Church of England 

in this Province by vote of the Imperial Parliament a>-i*.n] in 

* Ser> Extracts from miscellaneous estimates of the IloiiiCc oi 
Commons of E igland appended ho.eto. 



U4 



Glebes. 



1856. In 1927 they were saddled on the Colonial Revenue; ant? 
from the 1st of January, 1827, to the let of January, 1835, the 
jrross sum paid them out of the sale of the Crown Reserves to 
the Canada Company is 6000/. as follows :— 
Archdeacon Stuart, 8 years at 333/. 13s 4d - - - - £2609 
Do. do. 8 years Minister of Church of Eng- 
land at flil. 883 

Archdeacon Strachan, 8 years, at 333/ 13s 4d. - - - 2669 
And to cash paid for the two patents obtained in Eng- 
land, raising them to that dignity 147 

It appears that 200/ a year are allowed the Bishop of Quebec 
for house rent in Toronto, out of the funds of Upper Canada, by 
authority of a despatch or letter of Sir G. Murray. [Ths 
Bishop has also an income of 3000/ sterling a year from the Bri- 
tish nation 

In 1832, September 13(h, Archdeacon Strachan was allowed 
out of the funds of the colony, by Sir G. Murray's order, 1000! 
•terling, to aid in building the Episcopal Church in Toronto r 
on condition that accommodation be permanently provided for 
His Majesty's Troops therein." 

It appears from the papers on Clergy Reserves that Adam Gor- 
don of the Colonial Office, paid in Eng-land for a Patent to con- 
stitute two Arefojleace-us is York ami Kingston, U. €., which 
*ras repaid him from tne reserves — 147/. 

Out of Clergy Reserve rents, it appears that the Archdeacon of 
Quebec, Dr. George Mountain, was paid in 1826, for his expen- 
ses on a journey to England on matters connected with the Cier- 
gy of Upper Canada, the sum ef 222/. 

Among the payments from Clergy Reserve rents, stated to- 
this House, we find, towards building Parsonage Houses, at Bath 
150/— at Aocaster 300/— at Hamilton 300/— at Brockville 300/— 
at Adelaide 50/— in the Mohawk Tract 100/ — at Adelaide (2<t 
gram; 50/— the Mohawk Tract 100/. 



No. 51. 



GLEBES. 

The following reservations of land were made for Glebes in> 
1933 and 1834, by orders in Council: — One lot in Gore of 
Lochiel, one in Elmsley, one in London, one in Eael Camden, 
one in Hope, and one in the town of Woodstor k. The Surveyor 
General reports thaf: these were the only reservations in L'{*»'*r 
Canada for Glebes in these two years. 

By a return to the House of Assembly of FanVs ?rt apar: ?s 
Glebes in this Province, from \7S7 to 189-1, we find that of these 
lands so set apart 22,345 acres were lot the Churrh of England 
Clergy, 1,160 acres for the Kirk of Scotland Ministers, 400 acres 
for tue Roman Catholies, an*; ujuu foi aay other dei vium&Uoa ot 
Christians. 



Church of England. 



16. 



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Wesleyan Methodists. 167 

Of these ministers wo find, by reference to pagre 20 of No. 
5, Sessions papers (1835,) that 20 receive 111/. 6s. Sd. each; 
8 get 55/. 3s. 4tf. each ; 1 gets 152/. ; 3 get 27/. lis. Sd. 
each ; 2 receive 82/. 15s. each ; 2 receive 72/. each. In all, 
3880/. lis. Id. currency, per annum. 

The annexed Returns from the Receiver General's Office, 
since received, give somewhat different results. 

It is to be regretted that in very few cases have the Vou- 
chers for the expenditure of money for building churches, &c, 
been laid before the country. 

By reference to the printed papers sent down with Mr. 
Spring Rice's despatch of 5th Aur/. 1834, it appears that after 
the 1st of April, in that year, it was proposed by the Colo- 
nial Department that the Society for the Propogation of the 
Gospel in foreign parts, or in other words the English Nation, 
should pay annually to the Church of England Missionaries in 
Lower Canada, 3794/., by a direct vote of the British Par- 
liament 611/., and by the people of the Colony nothing ; that 
no monies should be paid to the Church of England Clergy 
from England, but that 7229/. should betaken and paid them 
from Revenues raised from the ' people of Upper Canada 
themselves ; that 4444/. should be paid to the Church Mis- 
sionaries in Nova Scotia, by a vote of the Imperial Parliament, 



No. 53, 

WESLEY AN METHODISTS. 

In 1823, says the official Blue Book, page 102, they 
received of Government money, out of revenues raised 
here, £ 1,500 

In 1834 (we quote the same authority, page 102) out 
of Revenues raised in Upper Canada they received of 
Government, as follows : 

11 Wesleyan Methodists for building places of wor- 
ship,". . . / 389 

In the Casual and Territorial Revenue accounts sent 
down to the Assembly, it is shewn that they received 
a further sum, to build Churches and Cheiels of, 611 

£2,8<:o 

This latter sum of £611, is altogether omitted in the return 
made up by Mr. Cameron and seril to England. Mr. Mark- 
land's letter explains the omission, 



168 



Presbyterian Cleuu y 



No. 54. 
PRESBYTERIAN CLERGY. 

In 1827, John Mackar, John McKenzie, John McLawrin, 
George Sliced, Hugh Urqnhart, and Archibald Connell appear 
to have commenced their labours as Kirk Ministers pensioned 
by the Crown, out of the Revenue of Upper Canada, (Fund 
D.) at £100 a year each. Alexander Gale was added to their 
number in 1829 ; Messrs. McGiH and Ross in 1830. Subse- 
quently they have become still more numerous, and now re- 
ceive a certain fixed sum per annum. 

In 1833, they received from Government (see Blue 
Book p. 1 02,) £ 3,058 

In 1834, they received from ditto (See do. do. p. 102) 1,670 

In 1834, "the Ministers of the Presbj'terian Synod 
of Upper Canada," not in connexion with the Kirk, 
received, (as is shewn in the Blue Book p. 102,) 813 

In the accounts sent down to the Assembly, the Ministers of 
the Kirk appear to have received in 1833, from Fund D., 
£1295, and from Fund K, Mr. John Maehar, 100?.; and in 
1834 from Fund D, 2,109?. 

The Presbyterian Clergy salaried by Government and who 
receive 64?. each of " Government allowance" are stated in 
page 168 of the Blue Book for 1834, to be : 



1. Alexander Ross,. . 

2. R. McGill 

3. George Cheyne,.. 

4. James Smith,.. . . , 

5. Win. Stewart, 

6. P. McNaughton,., 

7. M. Y. Stark, 

8. Alex. Gale, 

9. J. McKenzie,... 

10. A rch'd. Connell,., 

11. H. Urquhart, 

12. A. McNaughton,., 

13. John Maehar,.. . 

14. James Ketchan,., 

15. J. M. Roger, . . . 

16. J. Crookshank,. . 

17. T. C. Wilson,.., 

18. W. McAllister,.. 

19. John Smith, 

20. George Romanes,. 

21. Ilenn Gordon,. .. 



AldboroV 



Niagara, 

Amherstburgh, 
Guelph,... .. . 

Gait, ........ 

Vaughan, 

Dundas, ...... 

Hamilton, 
Williamstown, 
Mar tin town, . . 
Cornwall, 
Lancaster, . . . 
Kingston, 
Belleville, 
Peterborough, 
By town, 

Perth, 

Lanark, 
Beck with .... 

Elmsley, 

Newmarket, . . 



64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 
64 



Rom a n Catholic Clergy. 1 6 9 

22. Peter Ferguson, Esquesing* 61 

23. J. Fairhairn, Ramsey 61 

24. W. Rintoul Toronto City. 

travelling Missionary through- 
out the Province. 

Since the above list was compiled, the Receiver General's 

return has been received, to which we refer the House for in- 
formation- stiil more in detail. 



JNo. 55. 

ROMAN CATHOLIC CLERGY. 

Besides the pension to their Bishop, £830 a year, was for- 
merly divided among the Priesthood, this has been since in- 
creased to £1,111 per annum. 

In 1833, (we quote the Blue Book p. 102) they re- 
ceived from the Government in Upper Canada, £2,712 

And in 1834, (we quote the same authority) salary 
of the Roman Catholic Bishop, 5 55 

Roman Catholic Pries's, and for the erection of 
Chapels, 1,643 

In 1833 6c 34, paid to Catholic Clergy from Provin- 
cial Revenue, ". 4,910 

The return for the Casual Revenue shew that of the above 
sum of £1,643, £1,111 were for the officiating clergy, and 
51;!/. for building Roman Catholic Churches, 194/. were also 
paid the Bishop for arrears of additional pension. 

The Blue Book, (year 153— (for the information of His 
Majesty's Government,) contains an account of the Roman 
Catholic Clergy," shewing 34 Missions, with the following 
Ministers or Missionaries : — James Moore, Right. Rev. Bishop 
Gaulin, John McDonald, Wm. Fraser, James Bennett, James 
Campion, John McDonell, Timothy O'Meara, Right Rev. 
Bishop McDonell, John Cannon, John McDonogh, Michael 
Brennan, John Butler, W. P. McDonell, Patrick "McDonogh, 
Murth Lalor, John Keegan, Edward Gordon, John Cassidy, 
Daniel Downey, Angus McDonell, George Hay, John Losfrie, 
and Morin. The number of persons generally at- 
tending is stated to be 1-5,735. 



.No. 56. 

EXPENDITURE ON EMIGRATION. 

On our examination of the- Honorable Peter Robinson's 






170 Emigration. 

accounts of the expenditure of £31,72S 18s lid stated to 
have been laid out in aid of immigration, which accounts 

wero referred to this committee, was expended, as it is said, 
by the following persons: 

YEAR 1331, 

F. T. Billing?, Toronto, Treasurer, II. D. .£2327 16 6 

J. G. Bethune, Cobourg 527 8 8 

Alexander McDonell, M. P. P. Peterboro'. 732 6 6 

Charles Rubidge, Peterboro' 2133 4 9 J 

YEAR 1831—1832. 

Wellesley Richey , £1743 7 7% 

Wm, Chisholm, (late M. P. P. for Halton). 1341 18 10| 
Roswell Mount (deceased M- P. P. for Mid- 
dlesex).. 7178 5 1 

Alexander McDonelf, M. P. P. Peterboro' 962 5 6 

Cheeseman Moo, Peterboro 139 19 11 J 

John Patton, Prescott 2298 9 4 

A. B. Hawke 183 4 6 

Lawrence Hearn. . .- 341 5 5 

James Fitzgibbon (Clerk of Assembly). . . 442 16 2 

John McNaughton ." 175 

John Gamble, Eiohicoke,... , 1331 17 10J 

James F.Smih, Grocer, Toronto, 286 

James Durand 125 

Mrs. Swan 119 13 8 

George Keefer, Thorold 61 7 6 

Robert Marchant, & Co. Toronto 53 10 

Doctor King, Toronto 72 8 6$ 

Charles Rubidge 187 18 <f 

J. G. Bethune, Cobcurg 237 4 2 

Robert Stanton, Toronto 33 6 4 

Sundry payments in comparatively small 

sums 1309 19 2 

YEAR 1832—1833. 
Roswell Mount (then M. P. P. for Middle- 
sex) salary as a Government Agent for Emi- 
grants 1 04 15 6 

John Hayes, salary as do. do. 84 10 

James Nation, a Clerk in the Inspector Ge- 
nerals Office, as Treasurer of York Hospital 56 7 

Wellesley Richie, salary as a Government 

Agent for Emigrants , 182 10 

Do. allowance for travelling expenses. .. . 37 1 

.All other payments in the year 1832-33. . . 1152 4 10 



Emigration. 171 

YEAR 1833—34. 

A. B. Ilawke, salary and travelling allow- 
ance as an Emigrant Agent tor 1833 808 

A. B. Pawke,do. do. do. tor 1834... 324 2 6 

H. C. Young, salary as a Superintendent 

(where?) 61 

J. 11. Hamilton, salary as a Clerk (where 1) 79 7 6 

Wellesley Richey £61 10s, £61, £60, for 

salary as an Emigrant Agent 182 10 

Other payments to a variety of persons . . . 2747 10 10 



£29868 4 2 

1833. 

Opening a road and building a bridge near 
Kempenfeldt Bay £925 19 9 

1834. 
Road work in Simcoe, same quarter 934 15 



£31728 18 11 



Of this sum £31,652 13 5 were paid out of the public re- 
venue not raised from direct taxation; and £9 12 6, the 
proceeds of a yoke of Government oxen sold by John Cor- 
ner ; £45 18, the proceeds of Government property left by 
Roswell Mount ; £2 for sale of emigrant shed ; and £18 10 
from John Hatch, for provisions sold to Petworth emigrants, 
= £31,728 18 11. 

Of the expenditure by Mr. Billings, £21 15 were for the 
emigrant agency and allowance of James Wiskins; 115/. do. 
do. to Edward O'Brien ; 197/. to Thomas McGrath for do. 
do. ; 104/. for the contingencies of Cheseman Moe ; 89/. for 
agency by John Corner ; and £138 15 for agency by F. T. 
Billings. 

A very coniderable proportion of the expenditure on emi- 
gration, is for articles or services not specified, and concerning 
which a Committee of the House of Assembly can know no- 
thing unless they were to send for the detailed accounts and 
vouchers, which it would be impossible to examine at the late 
period of the session at which the Government sent r>own 
these statements. In Charles Rubidge's account for 1831, 
S5Z. are charged for Joseph Talbot's office service, and Scan- 
lati and H-itchin'jon received 40/. and 117/. 1*> for medical 



IT 



EMlGRiTIOSr 



aid; Rubidge gets 87?. 1Q for agency, and nearly 291. for 
his contingencies; and Charles Ruhidge, jun. has 21/. 15 for 
issuing provisions. 

Wellesley Richey's detailed statement of the expenditure 
of 2081/. in Oro, Orilla, and Medonte, 1832, is like that of 
Mr. Robinson himself, a specimen of the imperfect mode of 
accounting for public monies which prevails in Upper Cana- 
da. All monies paid to public accountants should be paid 
into the Treasury, so that the gross receipts and expendituie 
might be seen, instead of which, Mr. Richey retains and de- 
ducts the monies paid him by the Simcoe emigrants for pro- 
visions and implements £328 12 8J, in the same manner as 
Mr. R. had retained and deducted the proceeds of the oxen, 
&c. He charges 333/. 10 for his agency over and above all 
allowances. 

Roswell Mount's account is for 75587., but he deducts near- 
ly 334/. for provisions sold to emigrants in Oarradoc, Ade- 
laide and Warwick, and nearly 39/. more paid him for labor 
done at the expense of the Government. The difference is 
£380 1 iOJ. His charges are as follow : 

To amount paid for transport of emigrants' baggage, 517/. ; 
to paid for labor on the roads in Adelaide, Warwick, and Car- 
radoc, 2,915/. ; to paid for supplies, 2,680/. ; to paid for the 
erection of houses in Adelaide and Warwick, 9 18/. ; for hos- 
pital expenses in Adelaide and Warwick, 218/. ; to himself 
as agent, 330/., omitting fractions. 

The Committee have called on Mr. Robinson to transmit 
the detailed statement of this account with the vouchers, for 
examination. 

In the account of the expenditure of Mr. Alexander Mc- 
Donell, M. P. P., Peterborough, (amounting to 715/. 19 5) 
289/. are charged for his own services as an agent, besides his 
travelling expenses, and 182/. 10 for a salary to Joseph Tal- 
bot as a clerk. 

Lieutenant Colonel Fitzgibbon claims 51/. 4 6 for his ser- 
vices as an emigrant agent, and for the forage of his horse. 



No. 57. 



The Committee had not time and opportunity to examine in 
detail, the nature of the charges made by the several account- 
ants, whose expenditures compose the sum of jL31,728 18s. 
lid., but they sent to the office of the Inspector General for 
the vouchers and detailed statements which supported the ac- 
count of Roswell Mount, late Member for Middlesex, and 



Emigration. 17S 

who acted, as it appears, as an Emigrant Agent. His charge* 
is £.7358 6s. Hid. 



MONDAY, March 23d, 1835. 

The Committee met, and the Chairman was directed to. 
address a Letter to the Inspector General as follows : — 

Committee on Grievances, > 

House of Assembly, March 23rd, 1835. f 
Sir, 

With reference to the abstract, sent down by His 
Excellency of an account current between the Government of 
Upper Canada, and the late Mr. Mount, M. P.P. for Middle- 
sex, in his capacity of Emigrant Agent for jL.7,558 6s. Hid, 
I am directed by this Committee, to whom the said account 
is referred, to request that you would cause the original state-' 
ments in detail, and the vouchers to be laid before ir, in ordr-r 
that they may be examined, after which they will be carefu'Uj 
returned into your charge. 
I am, Sir, 

Your Most Obedient 

Humble Servant, 

W.L.MACKENZIE, 

Chairman, 
To 

The Hon. G. H. Markland, 
Inspector General of Public Accounts. 



Of the Accounts, No. 10 is a statement of monies, paiot" 
for provisions, <fec. for emigrants in Adelaide and Carradoc/ 
some of the items and prices are as follows : [Halifax Cur 
rency, 5s. to the dollar, price for cash.] 

William Robertson & Brothers, 

Account, 

£ s. d. 
September 1832.— Flour at ISs. 3id. per cwt. £116 13 3 
36 bbls. do. at 32s. Gd. per 

bbl 58 10 

Oct. 20th, " 90 cvf. 1 qr. 70 lbs. Beef. . 100 16 3 

Oct. 2', to Nov. 2, 1332.— 199 cwt. 19 lbs. Flour 

at 20s. 7 ]d 206 12 8 

24 bbls. Flour, at 41?, Id. 49 11 
C2 



1 74 Emigration. 

Nov. 12th, " 37 cwt, 8 qrs. «5 lbs, Beef, 

at 25s. 2d 4T 1 1 4 

feb. 16th, 1833.— -341 bbls. Flour, at 36s... 612 13 6-J> 
M H " 314 cwt. 1 qr. 7 lbs. do. at 

19s. 2d 304 ft 4 

44 " " & bbls. Pork, at 80s 36 

5 bbls. Silt at 30s 7 10 

t( M » 17,294 lbs. Beef, at 22s. 

6d. per 100 lbs 104 11 2 

" ■* " 79 bbls. Beef, at 60s...... 287 0> 

The Hon. Thos. Talbot's Account. 
0«t. 13th, 1832.— ia,416 lbs.- Beef. .-..-*... £150 18 8 

Charles Tozer's Account. 

Jan. 14th, 1633.— 28 bbls. Flour, at 30s £43 O k 

"" li " 10 " Beef, at 50s..... .- 25 & 

Thomas Keith's Account. 
Feb. 14tfi, 1888.— 25 bbls. of Beef, at 45s... £56 5 & 

£517 10s. are charged for teaming provisions to the Emi- 
grants to Adelaide j Carradoc and Warwick for teaming bag- 
gage to these Townships ; for teaming Provisions from Bear 
€reek, &c. In cases where baggage has been teamed, no 
mention is made whose baggage was so teamed, but Bela 
Brewster Brigham certifies occasionally that the work was 
done and that too correctly, at a fair price. 

No. 6 is an account for labour done by persons under the 
superintendence of Mr. Mount, at various wages, such as 2s. 
4d. and 3"s. 9d. per day. The amount being £1,437 15s. 6d, 

The Vouchers to No. 6; are pay lists of about 386 labor- 
ers.- These pay lists are not weekly or monthly receipts, but 
include in one receipt or pay list each person's labour within 
the months of August, September and October, 1832. It 
would appear that the labourers were paid for seven days in 
each week, for it requires in most cases that the Sundays be 
included to make up the days charged, from the beginning to* 
the end of the periods charged. 

In some cases the errors in computation of time have been 
corrected by the Venerable the Archdeacon of York, who 
presided in the audit of Mr. Mount's accounts, by the Execu- 
tive Council. For instance, in one of the lists, fifteen pence 
is deducted for an overcharge in the time of Daniel MeCaw, 
while no notice is taken of the following charge in the same 
list, viz : — 

41 William Robins, from 19th September to 20th October — 
39 days at 2s. 4d....£.4 lis." 

An Audit' which allows 39 days between the 10th Septem- 
ber and the 20th of October is not much to be depended ou^ 



Public Revenue. 175 

In the Executive Council's audit 21. 5 each is deducted 
from the teaming account of Jesse Cornwall and Win. Vail, 
because the vouchers had not been signed, and 2s. 4d. is with- 
held from a laborer, being one day's work, for the same rea- 
son. 

On the other hand S3/. 17 is allowed Thomas Gibbons m 
4he account of supplies ; the 10th No. in that account, and in- 
stead of a voucher for that sum, a duplicate receipt of Ro- 
bertson and Brothers is endorsed on the back No. 10, and 
placed in its stead among the vouchers. 

As to the laborers 5 signatures, they are generally attested 
by Bela Brewster Brigham, who also acts in the capacity of an 
endorser on a variety of accounts, that services were perform- 
ed and that the charges are just. To distinguish between 
Shose who can and these who caiinot write, the latter are made 
to put crosses as their metfks. The signatures of those whom 
the witnesses proffer to have seen sign their names are hi 
many cases imaginary, for in some pay lists three, four or five 
of them are evidently written by the same hand, <md occasion- 
ally what purports to be the signature of the laborer is evi- 
dently that of the person who .attests that he saw him writ* 
fiis name. 

Some of the signatures on the pay lists are .certified to by 
John Burke and Edward Burke, the signatures to some other 
j>ay lists are not attested by any witnesses at all. 

£218 8 3^ are claimed for Hospital expenses, of which 
Dr. R. N. Starr's bill is for ** medicines and attendance fur- 
nished to 750 emigrants in camp and hospital," at 21. per day^ 
961, 

Dr. Hawkins' bill amounts to 921. nearly, and he names 
the various patients for whom he demands payment. Th« 
sickness must have been very great indeed. 

Another account is for disbursements by Mr. Mount, as emi- 
grant superintendent, amounting to 329/. 14 0. 

£207 1 6 are for his wages at 15s, per day, and Is. 6d. 
per day additional " for a ration ; " 83/. 2 6 are for a daily 
allowance of 7s. 6d. to Colonel Bela Brewster Brigham a* 
assistant superintendent under Colonel Mount ; 39/. 10 are 
to James Inches as clerk at 5s. a day. 

These accounts were audited in Council on the 12th of 
September 1833, and is attested by " John Strachan, Piesid- 



170 



IY'dlic Revenue. 



No. .08. 

ON THE MANAGEMENT OF THE PUBLIC 
REVENUE. 



The following Extracts from the Report of the Commis- 
sioners on Revenue in Great Britain, recommends the observ- 
ance of principles of the utmost importance lo the public 
-welfare, for promoting economy and retrenchment, and par- 
ticularly for ensuring strict accountability in every department 
«of the public service. 

Report on the Public Revenue of Great Britain, by Sir 
Henry Paimell, 31. P., Lord John Russell, M. P., 3b 
James R. G. Graham, 31. P., Sir James Kempt, and 
the Right Honorable Edward Ellice, 31. P., E. Pouleti 
Thompson, M. P., and 3Ir. F. T. Baring. 31. P., dated 
War Office, October Sth, 1831. 

EXTRACTS i 

' •* • * # * * * * # 

To accomplish with perfect security and efficiency these objects 
of safe custody, legal appropriation, and record, it is obviously ne- 
cessary that all public monies whatever, should in the fust instance 
be paid into the exchequer. But it appears from the accounts iaid 
before Parliament, that the whole amount of the public income is 
not so paid, but that amounts derived from divers sources of reve- 
nue are received and disbursed without the intervention of this in- 
stitution, or being in any way submitted to its control. It is also 
certain that considerable sums arising from taxes and other matt* is 
are deducted from the gross receipts, and retained and expended 
by several departments, which only account to the exchequer for 
The nett amount, after such deductions. We tbjuk this practice 
should be discontinued ; and we recommend that the gross receipts 
of public money, whether arising from taxes ui each part of the 
United Kingdom,* from the income oi sale of Crown property 
under the administration of the \Voods and Forests ; from the ?-ale 
of Old Naval Ordnance or oilier Stores; from unclaimed divi- 
dends'; unclaimed prize money; deduction from pensions, loans or. 
Exchequer Bills', or from any other sources, should b • placed wit' - 
out deduction in the custody of the Exchequer, nnd be accounted 
for to Parliament, whose authority should be necessary for the ap- 
propriation of the- whole. 

We feel this principle to be one of paramount importance for the 



' The duties of the Karons of t lie Exchequer iii Scotland its far as re- 
lates to the management oF tfie property of- 1 he Cfo«vn and <\>n puHtic; 
in Scot nni, us a Board of Treasury ar- described in the Aj pendix (Y] (•. 
173. The duties oJ rhe \ ;cc Ire&oiirer "of Ireland are ov-cniu-j in tjU 
Appendix (Z p 181. 



Public Revenue. 11 J 

security of t lie public money in the two great brandies of receipt 
and expenditure, we think that no portion of the public treasure, 
should be arrested under any plea or pretence whatever, on its way 
to the Exchequer, and that no portion of it should be issued from 
the Exchequer without previous Parliamentary sanction. You? 
Lordships will perceive that a really efficient and complete control 
can be introduced into the different departments of the public ser- 
vice only by the adoption and establishment of the principle we re- 
commend — a principle, which we believe to be the necessary pre- 
liminary to all satisfactory financial reform ; by which means, not 
only will the whole of the public treasures be made available for 
the public service, but the expense for collection will appear as ?. 
part of the public expenditure, and be consequently placed imme- 
diately under Legislative and official control. 

We may refer to the satisfactory effects which have been pro- 
duced by the introduction of such a regulation into the administra- 
tion of the public finances of France in justification and support of 
our opinion on this essential point. If difficulties should occur, or 
objections be started from peculiar circumstances to the immediate 
application of this rule in all cases, it appears essential to recog- 
nise the important principle on which it is founded, and to urge up- 
on your Lordships the policy of admitting the smallest possible num- 
ber of exceptions to its application and of allowing those excep- 
tions to continue for the shortest possible period. We feel confident 
that a short experience of this improvement will soon remove the 
impediments which may at first be opposed to its adoption.* 

* $ # * * "# * 

We recommend as an additional means of disembarassing the 
Exchequer of useless and complicated duties, the immediate abo- 
lition of fees. Not only the Exchequer, but every department of 
the public service would be greatly benefitted by their total sup 
pression. 

* * % * * 

We now proceed in the further discharge of our duty to the 
consideration of what books will be necessary to introduce in order 
to establish an intelligible, plain and correct system of record and 



* A regulation of this character was introduced into France, by an ord- 
nance of the 14th September, 1832, and appears to have been eminently 
beneficial in its operation. It provides, that under no circumstances can 
any branch of administration receive or dispose of any other funds that? 
those which have been voted for its service by Legislative authority— 
that in case of any sale of public property, the proceeds of such sale 
shall Uh paid into the Treasury, and shall not be at the disposal ©f the 
Deportment to which the property belonged. In order to accomplish 
this object, it decrees that the presence and sanction of an officer of the 
Treasury ebali be necessary for effecting any such sale, and it prescribes 
(be form under which the sale must be conducted. It declares, as a geir- 
eral principle, that all money received from the public shall go to the 
J reasury and be accounted for as a portion of the public revenue. The. 
circulars of the did' rent administrations also direct, that the amount of 
no sale ot stores or other public properly, in a word no payment of anv 
..'escription shall be received by any Department, to be disposed of by 
that or any other department, unless it form part of the credit granted by 
the Legi-lature. Bee Mr. Bowring's fijFst Report, pp. 8, 9. 



178 Public Reteixs. 

account at the Exchequer. We recommend that these book» 
should be under the manogeinent of two departments, one of re 
< ord and the other of accounts. In the department of record, all 
t e royal orders for directing credits to be given for the service of 
the several public departments, should be entered in an abstract 
form, and -in the same way all the monthly and other Treasury 
warrants for giving credits at the Bank of England. It should alsq 
record all Parliamentary Grants and Acts of Parliament connected 
with the expenditure of the public money. The business of recoid 
fiiouM have connected with it the duty of examining the legality of 
every order which is sent to the Exchequer, and of comparing all 
the special warrants of the Treasury, with the authority given by 
the Royal order ; and it should have the power of stopping credits 
if not legal. 

The department of accounts would have to register, in a husinee $ 
I ke form on the double entry plan, all the facts of receipt and cre- 
dit as they occur. A cash book would be kept in which all the 
revenue specification papers or other analagous documents of pay. 
ments made into the Bank of England, for account of the Exche- 
quer, should be chronologically and daily entered, such specification 
papers or other documents, having been duly compared with the 
daily statement of receipts sent by the Batik to the Exchequer. 

This department will also be required to enter in regular order 
fin abstract of cash warrants sent by the Treasury to the Exche- 
quer, shewing the date, service and amount and the particulars of 
the credits given in conformity thereto. 

Accounts of the same kind as those which are now sent weekly, 
quarterly and annually by the Exchequer to the Treasury should 
be msde up and sent there, with such improvements as the proposr 
ed alterations in the Exchequer system may suggest. 

* * * * ' * 

With the view of accomplishing a complete settlement of the 
annual accounts and of preventing all obscurity or mistake, arising 
from the mixing of the amount of credits for the service of one 
year, with the amount of credits for the serviee of another year, 
we propose that the Exchequer shall cease to give credits on the 
1st of October of each year for money voted in the year ending with 
the preceding 31st of December, and that all credits not made use 
of by a day to be fixed, shall be cancelled ; and that the funds not 
cpplied, shall revert again to the disposal of Parliament. 

As we have not the slightest hesitation in advising the employ- 
ment of the commercial system of Book-keeping in its purest and 
roost simple form, in all the public departments, and as we consider 
its appl. cation as forming the necessary ground work of any really 
important improvement, we shall refer, somewhat in detail, to the 
reasons which have induced us to reeommend it so decidedly and 
urgently to the approbation of your Lordships. 

The i eculiar excellency of what is denominated the Mercantile 
System of Book-keeping by double entry, consists in the facility 
v.Uh .vhich it embraces accounts, however complex, various and 
exteiibive ; giving t« all their differences of detail a unity of result 
and concent ra'ing them at last in the most condensed sh-mo, while 
it enables th© examiner to tiace them without difficulty to their re- 



PlJBf.k; litYHNCE. 179 

fciotcst ramifications. In the initiatory or auxiliary books of ac^ 
count, a correct system will adm't of all the modifications suited 
to the particular service ; but as soon as the principal or double 
entry books take possession of tho facts of an account, however 
intricate and varied, they become subjected to its general and har- 
monious law. Its machinery is employed to obtain an ultimate 
balance sheet, which will present in a concise, correct and intelli- 
gible form all the centralized facts of receipt on the one side, and 
of expenditure on the other, under their special heads. Of the ef- 
ficacy of this system the trading world, in its infinite variety of 
commerce and concerns, gives unanimous evidence. 

Into every well regulated manufactory, into every extensive mer- 
cantile establishment, in every part of the civilized world, it has gra* 
dually but peremptorily forced its way. The Revenues of no Go- 
Ternment have been safely administered; the accounts of no Govern* 
ment have been intelligibly kept ; the business of no Government 
has been promptly and satisfactorily despatched, until the com- 
mercial system has been introduced, with its order and uniformity, 
into the different departments. Several of the Governments of 
Europe have adopted this method after repeated and vain attempts 
to accomodate by other means the dissimilar usag< s of their various 
public offices to one general system ; and there is no instance of 
any Government having abandoned the mercantile practice after 
having once employed it. On the contrary every Government that 
has introduced it has borne testimony to its adaptation to national 
concerns, and its complete efficiency for all fiscal and financial 
operations and records. It is the system adopted by the East India 
Company, both at home and in their dependencies abroad, and we 
need only refer to Mr. Bouring's report on the public accounts of 
France for irresistible proofs of its value, practicability, comprehen - 
eiveness, clearness and efficiency. Indeed it appears from his state- 
ment, that a succession of ministers of France have borne unani- 
mous and cordial testimony to the excellent workings of the com- 
mercial system of accounts, in all the departments of government ; 
that the objections originally suggested agaiust it, by persons who 
had not attentively considered its bear?ngs< on the grounds of its 
not being adapted to public official accounts, have all given way 
before the evidence of its sufficiency and superiority. In the 
words of Count Chabrol (the late minister of France*) simplicity 
and rapidity, in the progress of the public accounts, have been ac- 
companied with clearness and regularity of result,— incomplete- 
ness and delay have been succeeded by publicity and promptitude', 

The system of accounts as adopted' in France has afforded per* 
feet security against default and delapidation ; it has brought wi-'h it 
savings of expense to-' the amount of several millions sterling per 
annum ; it has diminished the labors and anxieties of public servants, 
and has again and again been eulogized after elaborate and de- 
tailed examination by statesmen of all parties in both Houses of 
the French Legislature. Opposed to such facts, and to' the admit- 
ted experience of the whole commercial world, we do not conceive 
the opinions hostile to this system of accounts have any considera- 
ble weight. 

The late Board of Treasury in their minute of the 14th July, 
1829, recognire the plan of double entry ; as the principle proper to 



180 



Pubuc Revenue, 



be adopted, and ctate tlio propriety of substituting, for the nume- 
rous account books now in use, a regular Cash-book, Journal, and 
Ledger, as the foundation of a system of Book-keeping upon a plan 
of double entry; and again they declared that a thorough knowledge 
of Book-keeping by double entry is above all indispensable to the 
success of the new measures. 

This is indeed the great principle of the best commercial ac- 
counts, and though in the auxiliary books of merchants, there are 
many varieties suited to their different concerns, there is no essen- 
tial difference in the way in which all intelligent merchants keep 
their double entry journal and ledger. The ledger invariably repre- 
sents concentrated, and not diffuse account?, it is in a word the 
amalgamation of similar facts under their different heads ; it is the 
volume of results and not of particulars ; it is in fact, the tabular 
centralization pf all the various auxiliary books, and the final in- 
strument of the balance sheet. The plan of double entry is but the 
means of collecting in the ledger, the particular facts scattered" 
thro' the elementary books in which they are recorded. A proper 
system of accounts will arrange all details in its progress, but while 
it arranges, it condenses at every step, till it brings all its topics 
under their principal and primary heads in the pages of the ledger ; 
and when a reference is made from it to the journal and auxiliary 
books, it will readily supply all details with the greatest facility and 
accuracy. 

We have said thus much in recommendation of this system, from 
the strong conviction we entertain that its general adoption in the 
public departments is the great prominant all important improve- 
ment, without which, every other will be necessarily and essentially 
imperfect." 

This system properly understood leaves nothing to the caprice of 

Ihe accountant; it subjects all the elements of an account to an 

nndeviating self corrective operation, the result of which is, as we 

have said, their centralization under their appropriate heads. It 

provides against all confusion between contingent and positive 

claims, between payments ordered and payments made, in a word, 

compels the grouping together of all facts which are of a similar or 

homogeneous character. 

* * * * * * * 

In another report we shall suggest to your Lordships such plans 
for the payment of the public expenses as appear to us necessary to 
be adopted, in consequence of the alterations we have brought un- 
der your consideration, respecting the receipts and issues of the 
public money. 

We have the honor to be, my Lord?, 

Your Lordship's most obedient humble servants, 
11. PARNELL, 
J. RUSSELL, 
J. R. G. GRAHAM, 
JAMRS KEMPT, 
0. POULET THOMPSON, 
P. T. BARING, 
EDWARD ELLICE. 



War Offoe, 
October 8lh, 183 1. 



'Bankiisu. 101 

No. 58.— -A. 

FOURTH SESSION, ELEVENTH PARLIAMENT. 

Extracts from an Address by the House of Assembly of Up- 
per Canada to Ills 3iajesty on the disallowance of tht 
Bank Acts. 

" Most Gracious Sovereign, 

We, Your Majesty's most dutiful and loyal subjects the 
Commons House of Assembly of Upper Canada in Provincial 
Parliament Assembled, in full assurance of Your Majesty's ear- 
nest desire to promote the welfare of Your people, beg leave 
humbly to address ourselves to Y r our Majesty upon a matter of 
the deepest interest to Y^our faithful subjects in this Province. 
* * * * \</ e humbly represent, that, although the disallow- 
ance of these acts may appear to be authorized by the letter of 
the Statute of the British Parliament, * * * * yet it is 
contrary to its spirit and meaning, and to the principles of a free 
government. We believe that this provision was made to remedy 
the evil which might be occasioned by the Royal Assent being 
given in the Colony to a Provincial Act that should be found in- 
compatible with the rights and interests of other portions of the 
empire, but we cannot think it was intended to give a power of 
interference with our internal affairs. Against such an interfer- 
ence, toe respectfully, but plainly and solemnly protest, as inconsis- 
tent with those sacred constitutional principles which are essential 
to a free government; since it is manifest, that if Your Majesty's 
Ministers, at a distance of more than four thousand miles and not 
at all controllable by or accountable to Your Majesty's subjects 
here, and possessing necessarily a slight and imperfect knowledge 
of the circumstances of this country, the wants and habits and 
feelings of the inhabitants and the mode of transacting business 
among us can dictate a different course, in relation to measures 
affecting ourselves only, from that which the people by their repre- 
sentatives, and with the concurrence of the other Branches of the 
Provincial Legislature, have, chosen, ive are reduced to a state of 
mere dependence upon the will and pleasuee of a ministry that are 
irresponsible to us, and beyond the reach and operation of the public 
opinion of the Province; and no one can rely upon our Provin- 
cial laws, although they may be constitutionally and deliberately 
formed, but the most unhappy uncertainty and want of confidence 
will prevail and extend their-disastrous influence over all our bu- 
siness transactions. We respectfully claim the same right in behedf 
of Your Majesty's Subjects in this Province, to be consulted in the 
making of laws for their peace, welfare and good government ', which 
our fellow subjects in Great Britain enjoy, in respect to laws to 
which their obedience is required. ; and although, from the necessity 
of the case, power must be granted to the head of the empire of 
preventing colonial laws being adopted and enforced which are in- 
compatible with treaties between Your Majesty's Government 
and foreign Stales, or with the just rights of any other of Your 
Majesty's Colonies ; yet with these exceptions , we humbly submit 
Ass cm. No. 21. D? 



1&2 Warrant. 

that no laics ought to be, or rightfully can be dictated to, or impot* 
td upon the people of this Province, to which they do not freely give 
their consent, through the constitutional medium of representatives 
chosen by, and accountable to themselves- 

The force of our humble and dutiful remonstrance against the 
principle of an interference of Your Majesty's Ministers with our 
internal affairs, we are not willing to diminish, by insisting upon 
the iuconveniencies and evils likely to follow from the exercise of 
power which, Sec. ***** 

We therefore respectfully and humbly pray that Your Majesty, 
taking these matters into Your favorable consideration, will bs 
graciously pleased not to disallow these Provincial Acts and not 
to permit Your Majesty's Ministers to interfere, with our internal 
affairs ; but to leave the same entirely to the discretion and control 
of the Legislature of this Province.' 1 '' 

For the final passage of the above address voted Messrs. 
Berczy, Bid well, Boulton, Buell, Burwell, Campbell, Chis- 
holm, Clark, Cook, Crooks, Duncombe, Elliott, A. Fraser, 
D. Fraser, Iiornor, Howard, Jarvis, Lewis, A. McDonald, D. 
McDonald, Macnab, Merrit, Morris, Perry, Randal, W. Ro- 
binson, Samson, Shaver, Vankoughnet, John Willson, and 
Win. Willson. — The only nay was Mr. Ketchunu 



No. 59. 
FORM OF A WARRANT. 



The following is the form in which Warrants are made out 
upon the Receiver General by the Governors of Upper Cana- 
da, for the payment of sums out of the Revenue over which 
the Legislature have not exercised a controlling power : 

Sir Peregrine Maitland, Knight Commander of the Most 
Honorable Alilitaiy Order of the Bath, Lieutenant Governor of 
the Province of Upper Canada, and Major General Command- 
ing His Majesty's Forces therein, &c. &c. &c. 

To the Honorable John Henry Dunn, Receiver General of the 
said Province. 

You are hereby directed and required, out of such monies as 
pre in, or shall come to your hands for defraying the civil expen- 
diture of this Province, to pay, or cause to be paid unto George 
Hillier, Esq. my private Secretary — 

£141 14 8$ ) or to bis assigns, the sum of one hundred and 
sterling dollars. > forty one poinds lis 8£d, sterling, equal to 

at 4s . (3d. ) £157 9s. 8d currency, being the amount of 
expenses incurred in the hire of horses for me and my suite, in 
visiting the settlements in the Newcastle and Batburst Districts, 
in the month of February last. 

Entered,. J. BABY, Inspector Genetai. 



Casual Revenue. 188 

Ami for your so doing, this, with the acquittance of the said 
George Ilillier or his assigns, shull be your sufficient Wan ant 
and discharge. 

Given under my hand at York, this 27th day of March, 1826. 

P. MAITLANDL 

By His Excellency's 
'onnnand 

G. HlLLIER. 






The -Receipts are granted thus: 
Upper CaxNada. 



Receiver Generals Office, ( 

York, the 2/ th day of March, 1826. ^ 



Received of John Henry Dunn, Esq. Receiver General, the 
srun of one hundred and forty one pounds fourteen shillings aud 
8£d sterling, being the amount of expenses incurred in the hire of 
horses for the Governor and his suite, in visiting different settle- 
ments in February last, pursuant to Sir P. Maitland's Warrant 
No. 133, of this date, having signed five receipts of the earn.© 
tenor and date. 

G. HlLLIER, 
£14114 8^ sterling? 
" ;acli. I 



dollars at 4s 6d e; 



No. 60. 

Remarks on casual Revenue Accounts. 

Some of these drafts on the public Treasury refer to no 
law or general regulation. — The one we have selected shews 
Sir P. Maitland drawing on Mr. Receiver-General Dunn for 
such travelling charges as he thought fit, in the same manner 
as if Mr. Dunn had been his agent or land steward ; His Ex- 
cellency's Secretary gives a receipt accordingly. There is 
only this difference — the Lords of the Treasury in England 
might, if they thought fit, disallow the hill, and cause the 
officer to refund. The people of Upper Canada who ought 
to exercise a control have not hitherto interfered. 

Among other payments from the casual Revenue, we notice 
the following : — 

In April 14, 1826, Grant Powell, Esq. received payment 
for fifty-nine days, stated as having been expended in enquir- 
ing into abuses in matters of Timber on Crown Lands, at tl.$ 
gate of Fourteen' Dollars for each day. ("Fund K.J 



184 King's CoLI.E'Gfc. 

On the 18tb of October in the same year, forty-six days on 
the same enquiry of C. A. Hagerman, Esq. paid at the rate of 
Fourteen Dollars per day, (Fund K.) 

These payments per day are seven-fold higher than those 
of the Members of the House of Assembly. 

The account or Fund D. was ordered to be kept separate, 
by a letter from the Lords of the Treasury, dated Slst of 
August, 1827 ; it shews the receipts and payments of funds 
derived from the Canada Company,. 

Seven years compensation to S. Ridout, (Registrar, II. D.) 
because he had been deprived of the office of collecting fees 
and distributing them to the officers of the Land Granting De- 
partment, allowed in lieu thereof 1,555/. 

£100 and 800/. paid to the Hon. P. Robinson, to enable 
him to erect a Mill for Emigrants in the New Castle District. 
£600 for the completion of the Government Mill at Peterbo- 
rough, paid to Mr. Alexander McDonell, 1827. 

£3,000 paid into the Military Chest in Montreal, 9th Jam 
1828, for advances made in England for the service of 
Upper Canada; It does not appear what the services were. 

The like remark applies to other £1,438 paid into the 
Military Chest on the 4th of Feb. following. 

To Mr. Dunn £308, to enable him to remit to England, 
out of the Colonial Revenue, the pension of the Widow 
Campbell for 1827, per order of Mr. Secretary Huskisson. 

To Z. Mudge for repairs of the Government House, audita 
«d in Council 28th February, 1829— £615, 

With reference to the public printing, it appears, that not 
only did the Executive Government paj T Mr. Robert Stanton 
a very extravagant price for the work he did, but also ordered 
him to receive 600/. out of the Casual Revenue on the 2d of 
February, 1826 — to enable him to complete a large printing 
establishment to compete with Gther printers in Toronto, he 
re-paying the same by annual instalments in the course of 
seven years, without interest. He was also paid 120/. on the 
1st of November, 1828, out of the public revenue under the 
pretext that it was to make up a deficiency of compensation 
for 1827 and 1828. Mr. James McFarlane's name appears in 
the accounts as being in the receipt of 50/. a-year as a retain- 
er, under the pretext that it was paid him annually for pub- 
lishing proclamations, &c. ; this doceur has either been sines 
transferred to some fund unknown to this Committee or dii- 
continued of late years. 



U. C. Colf.-cl. 18(5 

No. 61. 
Ming's College. 

Under the guidance of the Church of EngiamJ. 
President — Archdeacon Strachan. 

<5rant irom the proceeds of sales of the public lands to the 
Canada Company, for lfl*8, '29, '30, '31, '32, '33 and »34 

seven years, at" £1,111 a year, £7,777. This institution 

is endowed with 225,000 acres of valuable public lands. 

The Committee reported an address enquiring into the 
expenditure of King's College, that establishment net being 
as yet in operation, no information has been given by tho 
Lieutenant Governor, your Committee have therefore referred 
to the returns in the Journal of 1831-2, p. 1$1 of the Ap- 
pendix, where it is shewn that there is a Registrar with 150Z., a 
Bursar with 150?, a Clerk with 10()Z. V & a messenger with 86/. ; 
who these officers are is not there stated, nor are their several 
duties well ascertained. There appears to have been ample 
time afforded for sending to the House the accounts of the 
reoeipts and expenditure, had the Government been disposed 
$o do so during; the present Session. 



No. 62. 
Upper Caisada College. 

JL H. Harris, Principal, - £(566 

C. Matthews, Classical Master, - - 838 

C. Dade, B. A., Mathematics, - - 833 

G. A. Barber and John Kent, Writing, &c. 333 
J. P. De la Haye, French Master, - 222 
J. G. Howard, Drawing Master, - - 222 

The tv fixed annual charges for salaries and allowances" in 
this College, exclusive of contingencies, all which charges 
are paid from public revenues raised from the people of Up- 
per Canada, are the above, as also a Vice Principal at 444/. ; 
a Second Classical Master at 333/. ; a Porter at 44/. ; 27/. 10 
of an allowance each, for the three Junior Masters, in lieu of 
dwelling houses, which houses the seniors have in addition to 
their salaries. These facts we ascertain from page 183, of 
the Appendix to the Journal for the 2d Session of the last 
Parliament. 

The information required of the receipts and expenditure 
of this Institution has not been transmitted 1o the House agree- 
able to its address. 



1"0 King's College. 

No. G2. [A.] 

Tuesday, March 3J, 183.5. 

Address to His Excellency the Lieutenant 
Governor, for information in relation to King'a 
College. 

To His Excelleney Sir John Colborve, K.C.B., 
Lieutenant Governor of the Province of 
Upper Canada, Major General commanding 
His Majesty's Forces therein, fyc. fyc. t$v. 

Mat it please Your Excellency : 

We, His Majesty's dutiful and loyal subjects the Commous of 
Upper Canada in Provincial Parliament assembled, humbly re- 
quest that Your Excellency would be graciously pleased to di- 
rect that there be laid before this House, statements entering 
into a detail of particulars, and shewing — 

1st. The whole expense which has attended the building of 
Upper Canada College, with the houses, outhouses and gardens 
thereto belonging, and all the improvements and alterations made 
in the said premises from the commencement up to this time ; 
with the authority under which such buildings were erected, 
and such alterations and improvements made ; and from what 
funds the payments have been severally taken. 

2d. The expenditure which has been made on the grounds 
purchased for King's College, from the time the grounds were 
purchased, with all the salaries, incomes, allowances, fees, per- 
quisites and emoluments of every description, paid or ordered to 
be paid to any persons as officers, servants or workmen, or in any 
other way connected with the institution up to this date, shewing 
what each person has received, and describing the services he 
has rendered therefor, and the sums alleged to be due to any per- 
sons as officers of the said institution. 

3d. A copy of any communication from His Majesty's Govern- 
ment, by authority of which £712 16 2 were paid Archdeacon 
Strachan out of the College funds, as expenses of a journey to 
England performed by him. 

4th. The receipts, arising from whatever source, of the Upper 
Canada College since the 30th June, 1831; the debts due the 
College ; the income arising from fees of tuition ; and the rates 
of tuition ; also the expenditure of the College since the said 
30th June 1331, detailing the fixed salaries and the contin \eu- 
cies, and mentioning to whom they were severally paid, af,d at 
what times and for what services, and stating all debts or obliga- 
tions against the institution, and the whole income, wages, emo- 
luments and allowances paid to its officers and servants generally. 

5th. Full and detailed statements of particulars of the receipts 
and payments, of which a general abstract only is given in the 
documents respecting King's College. Upper Canada College, 



District FuH&s. J 37 

and the General Board of Education, which accompanied Your 

Excellency's message to this House of the 12th January 1832, 
aod pointing out what the services ore for which certain officers 
not named had received £200 up to that period, and claimed 
£400 more as arrearages from funds of King's College. 

6th. A statement going into particulars and shewing what mo- 
nies have been paid into the treasury of King's College sinca 
the 30th June 1831, and mentioning the reasons, if any, why the 
funds of King's and Upper Canada College might not be paid to 
and by thejteceiver General, and the burthen of a plurality of 
officers and offices removed. 

7th. A statement of the number of scholars taught at Upper 
Canada College from its commencement till the present time, and 
mentioning the number on the 5th of January, April, July and 
October of each year; with the number of scholars sent frem 
the country and the number taught belonging to this city. 

8th. An account of the course of education in Upper Canada 
College, the extent of the vacations, the books used by the dif- 
ferent classes, with an account of their progress respectively, 
and the names and number of all children taught without being 
liable to the payment of fees ; as also whether the scholars or 
any part of them are required to conform to. or be instructed in 
the peculiar creeds or religious exercises of any Christian deno- 
mination. 

His Excellency's Answer : 

Gentlejviex: 

I will direct the information required in this addre3s 
to be procured for the House of Assembly. 

[No information was receiveu by the House relative to the fundi of 
the College and University.] 



No. 63. 
"District Fasmls* 

It appears from the Returns to England in the Blue Book, 
that the amount of District Assessments, (direct taxation) in 
1833 was £1S,441 ; and in J 8-34 £18,671 ; on these sums 4 per 
cent, or about JG740 a year is paid to twelve District Treasurers, 
appointed during the pleasure of the Magistrates, who are 
appointed during the pleasure of the Lieutenant Governor. 

There are also large additional sums received from Wild Lands 
A^«ssments in cases where the Lands have been sold. 

All these monies are expended uncler the control of the Dis- 
tiict Magistrates, to Coroners, Jailors, Surveyors of Roads, Con- 
stables, Treasurers, Deputy Sheriffs and fhe'ir principals, Clerks 
of the Peace, for Pecs, Contingencies, Printing, Bridges, Roads, 
Wolf Scalps, Medical Men, Members of Assembly, their wages, 
&c. In most cases the patronage is entirety under the control 
of the Justices. 



183 HosH-TAL. 

The first item in the Blue Book for 1823. is a table of fee* 
authorised by orders of the Lieutenant Governor. 

They consist of fifteen pence for each search in the office of 
the Secretary and Registrar by individuals for private informa- 
tion, which that officer states he never demands ; fifteen pence 
to the Surveyor General from "persons not privileged " for eve- 
ry search, and 2s. 6d. upon each location ticket issued to them : 
also 5s. 6d. upon each petition for land "by persons not privi- 
leged." 

Follows, a- table of fees to the law officers of tho Crown, of 
which a guinea for the draft of any instrement under the Privy 
Seal, and the like sum for any opinion in writing given on 
any reference to them from Government. These charges do not 
•vppear to be authorised by any law of the Colony. 

They continued without alteration in 1834. 

It appears from the above authority that these are the only fees 
chargeable by any Government office, other than those authoris- 
ed by any Provincial Statute. 



No. 64. 
Toronto Hospital. 

In reply to an Address to His Excellency, reported to thtf 
House by this Committee, a very imperfect account of the funds 
and property of this institution has been obtained. The state- 
ments made seem to indicate the necessity of a change in the 
system under which that institution has hitherto been managed. 
Unless its managers shall be made elective by proper bodies of the 
inhabitants of the city and county, there is reason to fear that it 
will not prove of that utility to the public, which its means other- 
wise indicate. The Report and documents appended are in the 
possession of the House and may be referred to. 



Extracts from the Official Correspondence of W. L. Mac- 
kenzie, Esquire, Member of the House of Assembly, fur 
the County of York, late Agent in London for Twenty- 
four thousand five hundred inhabitants of Upper Canada, 
Petitioners to His Majesty for a Redress of Grievances ; 
with other Documents. 

No. 65. 

MINUTE OF COMMITTEE. 

York. Upper ('■!■- '■'. March 31. "1 
nit 1 
Liberty met this day. 

Mr. LBSSL.IE was called to the Cfaai 



W. L. Mackenzie, Esq. 189 

The Committee agreed to the following resolution : — 
Resolve J, That William Lyon Mackenzie, Esquire, a Member 
of this Committee, is hereby authorised to act as an Agent in 
London, on behall ofthe Petitioners to tlie House of Commons 
whose petitions were entrusted to George Ryerson, Esquire, and 
that he he required to afford such assistance to Mr. Ryerson as 
wxy he in his power untile he prayer of the said petitions be granted. 
Attested. 
(L. S.) JAMES LESSLIE, Chairman. 
(L. S.) MATTHEW WALTON, Secretary. 



No. 66. 
CERTIFICATE. 



At a Meeting of the York General Committee, appointed by 
the inhabitants ofthe Town and Township of York, on the 16th 
day of July last, (and approved by fifty-eight Township and 
County Meetings afterwards, convened in other parts ofthe Pro- 
vince of Upper Canada) held this day, William Lyon Mackenzie, 
Esquire, a Member ofthe House of Assembly, representing the 
County of York, and a Member of this Committee, was appoint- 
ed an Agent to proceed to London on behalf of the petitioners 
to His Majesty, whose Addresses were entrusted to this Commit- 
tee, and to support the allegations therein contained by his evi- 
dence, if required. 

Dated at York in the Province of Upper Canada, March 31st, 
1832. 

(L. S.) WM. CAWTHRA, 

Chairman of Committee. 
(L. S.) JNO. E. TIMS, 

Secretary. 



No 67. 

We certify that at a general Meeting of the Inhabitants of the 
Home and neighboring Districts, held at York on the nineteenth 
day of January last, William Lyon Mackenzie, Esq. member o 
the House of Assembly for the County of York, was appointe 
Agent to carry to London an Address to His Majesty, and a FeV 
tiou to the House of Commons of Great Britain, that day adop 
ed, and to support the statements and prayers therein contains, 
by evidence. 

[L. S.] JOHN McINTOSH, 

Chairman of the Meeting. 
[L. S.] T. D. MORRISON, 

Secretary 
Dated at York, in the Province of Upper Canada, March 31 " 
1832. 

E2 



190 Mr. O'Connet.l. 

No. 68. 

This Indenture made on the fourth day of February, in the 
year of our Lord one thousand eight hundred and thirty two, and 
in the second year of the reign of our Soverign Lord William the 
Fourth, by the Grace of God, of the United Kingdom of Great 
Britain and Ireland, King, Defender of the Faith : — Between 
Charles Thompson of the township of York, in the County of 
York, Yeoman; James Hogg, of the same place, Miller; Charles 
Mcintosh, of the same place, Mariner; John Montgomery of the 
same place, Inkeeper; and Matthew Walton of the town of York, 
in the township and county aforesaid, Wheclright, Freeholders 
of the County of York, of the one part, and John G. Spragge, 
Esquire, Returning Officer of the said County of York of the 
other part: — Witnesseth, that in pursuance of His Majesty's 
Writ, bearing date the tenth day of January, in the year of our 
Lord, one thousand eight hundred and thirty two, at York, in the 
Province aforesaid, after Proclamation thereof made, on the 
thirtieth day of January, in the year aforesaid, according to the 
tenor of the said Writ. We, the said Charles Thompson, James 
Hogg, Charles Mcintosh, John Montgomery, and Matthew Wal- 
ton, Freeholders of the said County of York, have chosen Wil- 
liam Lyon Mackenzie, Esquire, to be Member or Representative 
in the Assembly, to be holden on the seventh day of March now 
next ensuing, at York, in the Province aforesaid, and by. 
these presents have given, and do give, unto the said William 
Lyon Mackenzie, Esquire, full and sufficient power for us and the 
commonalty of the said County, ta> do and consent to those 
things, which then and there, by the favor of God, shall happen 
to be ordained by the Common Council of our said Province. 

In Witness whereof, the parties to these presents, have in- 
terchangeably set their hands and seals the day and year first 
above written. 

CHARLES THOMPSON, [L. S.] 
JAMES HOGG, [L. S.] 

CHARLES McINTOSH, [L. S.] 
JOHN MONTGOMERY, [L. S.] 
MATTHEW WALTON, [L. S.] 

JOHN G. SPRAGGE, [L. S.] 

Signed, Sealed and delived in presence of 

JAMES DOYLE, 
J. H. PRICE. 



No. 68.— A. 

To W- L. Mackenzie, Esquire, 

SIR: 

My Father being prevented by pressure of business 
from answering yours' of the 14th inst. has directed me to inform 
yoH that he will feel very happy to see you at any time it may suit 



Lord Goderich. 191 

you to call upon him, as he takes the greatest interest in every 
thing relating to Upper Canada, and would do all in his power to 
be useful in the furtherance of its interests. 

I remain 
Sir, 

Your obedient 

Humble Servant, 



MORGAN O'CONNELL! 



4, Parliament Street, 
Wednesday, 20th June. 



No. 69. 

A reply to Mr. Mackenzie's application for an interview with 
Lard Goderich. 



SIR: 



Downing Street, ) 
23d June, 1832. $ 



I am directed by Viscount Goderich to acknowledge 
the receipt ef your letter of the 13th instant, and to inform you, 
that his Lordship will be ready to receive yourself and the other 
gentlemen for whom you request an audience on Wednesday the 
27rh instant, at half past twelve o'clock.* 

His Lordship at the same time directs me to inform you that 
he is not aware to what letters and petitions you refer, as having 
been transmitted by you to this office and not acknowledged ; 
He is unable to find any communications which have not received 
all due attention. I am further to observe that although Lord 
Goderich is ready to hear any observations you may have to offer 
upon the affairs of Upper Canada, as an individual interested in 
the welfare of that Province, and as a Member of the Assembly, 
he cannot recognize you as being deputed to act for any other 
persons, nor can he enter into any discussion with you upon the 
measures which His Majesty's Government may think it right to 
pursue* The views and intentions of His Majesty's Government 
with respect to the affairs of the Province, can only be made 
known to the people of Upper Canada through the medium of 
the Governor or of the Legislature; it is to one or other of these 
authorities that any complaints which individuals may have occa- 
sion to make should properly be addressed ; and if the course 
pursued by the Executive Government should be such as to give 



* They were Messrs. Hume Viger, and George Ryersen. 






192 Lord I. Jo wick. 

jU9t ground for dissatisfaction, Hie Inhabitants have, by their Rn- 
preeentatives, the means of bringing their grievances under the 
immediate attention of His Majesty. 
I have the honor to be 
Sir, 

Your most obedient 

Humble servant, 

HOWICK. 
W. L. Macreszik, Esq. 
J6, Great Smith Street, 
Westminster. 



No. 70. 

Downing Street, 2dlh June, IS-j'2. 
SIR, 

I have had the honor of receiving, and laying before 
Viscount Goderich your letter of the 26th, and I am directed by hi.; 
Lordship to observe that you do not appear to have quite correctly 
understood my letter of the 23d. 

That letter does not as you seemed to have supposed " shut, the 
door of the Colonial Office, on all that vast muss of facta winch 
you have offered to submit as deputed in behalf of the unrepresent- 
ed land owners, and inhabitants of Upper Canada." On the con- 
trary Lord Goderich has expressly stated his perfect readiness to 
have any facts or observations which you may think it necessary to 
bring under his consideration, he only declines, as you have no 
authority from any recognized body, lo enter into any official dis- 
cussion with you upon the public affairs of the Colony, or to admit 
that you are the organ of thote whom you term the unrepresented 
land owners and inhabitants of Upper Canada. 

Lord Goderich cannot form his judgment as to the wishes and 
opinions of the people of Upper Canada from the unauthorised 
statements of individuals jn opposition to those of the Assembly in 
which lie is convinced that all classes of the inhubitanls are fairly 
represented. 

With reference to the petition of Mr. Morrison to which you re- 
fer, I am directed to observe that your letter upon that subject was 
duly attended to, (altho' according to the rules of the office it ought 
»o have been sent thro' the Governor.) A despatch was written to 
Sir John Colborne on the 8th September 1831, in which he was 
directed to allow that, gentleman the land he had formerly been 
promised. 

Mr. Balfour has laid before Lord Goderich your letter of yester- 
day, in consequence of which I am directed to say that his Lordship 
will be ready to receive you with the gentlemen you mention, on 
Monday at two o'clock. 

1 am Sir, your obedient servant, 

HOWICK. 
Tn Wm. L. Ma'Ki:n/(P. Efq &C. &C. &C 



CORilKSPONDll?* i 193 

Colonial (Juki;, July 26th 1832. 
BIH, 

Lord Goderich has desired me lo acknowledge the re- 
ceipt of your papers, and I have ihe honor to inform you thai hii 
Lordship regrets he cannot appoint an earlier day than Friday the 
3d of August, on that day however* at 2 o'clock he will be glad to 
see you at this oflioe. 

I have the honor to he Sir, 

Your most obedient humble servant, 

CHARLES DOUGLASS. 

W. L. Mackenzie, Esq. 11) Wake- ) 
field-Street, Brunswick Square. S 



Downing Street lath August, 1833. 
Gentlemen, 

I have the honor to acknowledge the receipt of 
your letter of the 8th inst. enclosing' "The humble address of the 
" inhabitants of the District of Niagara in the Province of Upper 
" Canada, framed pursuant to resolutions passed at a general meet- 
" mg of the Freeholders, called by the Sheriff and dn\y convened in 
" the District Court House in the Town of Niagara, on Saturday 
"the 3ist. day of March 1832" and to acquaint you that 1 hay* 
]a;d the same before His Majesty .j 

1 have the honor to be gentlemen. 

Your most obedient servant, 



GODERIC1J. 



To JosErH Hume, D. B. Viger. and ) 
Wm. L. Mackenzie, Esqiires. &c. &e. £ 



No. 7i. 

Reply to an application for copies of Memoirs addressed to ilie Colo- 
nial Office. 

Lord Howick presents his compliments to Mr. Mackenzie, and 
•n compliance with his request, herewith returns the accompanying 
papers forwarded to the Colonial D2partmont. by Mr. Mackenzie on 
the 25th July and 3d inst., in order that he may retain copies of 
them 

Downing Street, ISth August, 1832. 

To Wm. L. Mackenzie, Enquire. 



191 Correspondence. 

No. 72. 

Downing- Street, 8fh September, 18o2. 
Sir, 

lam directed by Viscount Goderich to acknowledge the 
receipt of your letters of the 27th August and 5th September. 
In answer to these communications I have to inform you, that 
the other addresses as well as that from the Niagara District 
have, in the usual manner, been laid before His Majesty, and 
you are at liberty to state this fact to the persons by whom 
they have been signed without receiving a separate answer 
to each. 

With respect to the War Losses and the state of the reprc- 
S3iitation although, of course, he can enter into no discussion 
with any private individual on such subjects, Lord Goderich 
is willing to receive and to pay such attention as they may 
appear to require to any further written statements you may 
think fit to submit to him, if you have any thing to offer which 
can only be verbally communicated, His Lordship will not 
refuse on his return to town to afford you such opportunities 
of addressing him as his other avocations will allow. 

Mr. Thomas Applcton's petition having been received un- 
accompanied by any acknowledgment from the Lieutenant 
Governor, it was sent to Sir John Colborne by the July mail, 
with directions to return it to Mr. Appleton with a copy of 
Lord Goderich's circular letter of 2d Ma} r , 1831. You did 
-not even allude to Mr. Anpleton's petition in your letter of the 
13th of June, nor for some weeks subsequently, and Lord 
Goderich, therefore, presumed that it had been forwarded by 
the individual himself direct from Upper Canada. 

On the subject of the papers which you request to have re- 
turned, Lord Goderich directs me to observe, that it is the 
practice of this office to retain for the purpose of reference all 
papers which are enclosed in letters addressed to the Secre- 
tary of State, and that a departure from this rule might lead 
to the greatest inconvenience. As, however, you appear to 
have been ignorant of this being the case, and in consideration 
ol the nature of some of the papers you are anxious to recover, 
Lord Goderich lias directed them to be returned, but he thinks 
it necessary that you should be distinctly warned that such an 
indulgence will not again be extended to you, and that all 
papers you may, in future, transmit to him, will be deposited 
in this office as public document'. 

With respect to the mode of transmitting petitions to this 
country, Lord Goderich is not aware in what manner he can 
render more explicit the information you have already re- 
ceived. You have been told that the letters enclosed in miitt 



Correspondence. 195 

of tlif 13th nit. were sent by a mistake of the clerk by whom 
that letter was put up, and it has been pointed out to you that 
my letter of the 13th August distinctly refers to one enclosure 
only. 

Lord Goderich does not feel himself at liberty to make any 
application to his Grace the Postmaster-General on the sub- 
ject of die petition which has been sent to you. The inhabi- 
tants of Upper Canada have a secure and easy mode of trans- 
mitting their complaints to the Throne, by the regular official 
channels, and permission could not, without much risque of 
abuse, be granted to individuals acting in no public capacity 
to receive packets free of postage. 
I am, Sir, 

Your most obedient Servant, 

HOWICK. 

To Wm. L. Mackenzie, Esquire. 



No. 73. 



Colonial Office, 
Tuesday 26th. 



Sir, 

I am desired by Lord Goderich to propose to you 
to call here on Saturday next at two, instead of tomorrow at half 
past twelve, as the House of Lords meet at one o'clock to send 
up an Address to His Majesty. 

I am, Sir, , 

Your Humble Servant, 

B. J. BALFOUR. 
To 

W. L. Mackenzie, Esquire, 
&c. &c. 



No. 74. 

Colonial Office, 

November 2c/,* Tuesday. 
Sir, 

Lord Goderich has desired me to express his re- 
gret that the pressure of business should have prevented him 
seeing you since his return to Town. He now begs leave to pro- 
pose one o'clock on Tuesday next at this office for the interview 
which you desire. 

I am, Sir, 

Your Obedient Servant. 

B. J. BALFOUR. 
W. L. Mackenzie, Esquire. 



l%6 OFFICIAL LeT*ERS. 



No. 



v.). 



Colonial Drrtck, \ 

Xurcmbrr 3th. ^ 

Lord Coderirh presents li is compliments to Br. Mackenzie, he - 
finds himself obliged to change tlie proposed bom Tor interview 
tomorrow, to twelve o'clock, instead of one ; whifih. he hopes will 
hot be inconvenient to Mr. Mackenzie. 
Wm. I . . M a < k t: s v. 1 e , E squ ire. 



No. 76. 

Colonial Office, £ 
November (>///. <> 

Lord Godeneh is sorry to be again obliged to put Mr. Macken- 
zie oft', he has now to propose twelve o'cloek on Wednesday instead 
vi twelve tomorrow. 

To Wm. L. Mai -kf.nz.ix:.- Esquire. 



MEMORANDUM. 



On Wednesday the 7th of November 1632, I had the honour 
of a very long interview witli the Secretary of State, and on the 
day following the despatch was written, which is an answer iu 
part to my representations. 

Ut 4ut, 1835. WM. L. MACKENZIE. 



No. 77. 

Selections from Mr, Mackenzie's Official Letters fo Lord 
Viseount Goderich, His Majesty's Principal Secretary of 
State for the Colonies, transmitted by His Majesty's 
Government to His Excellency Sir John Colborne, IC C. 
B. for publication in Upper Canada, and by him laid be- 
fore the House of Assembly, together with the Despatch 
of the 8th of November, 1832. 

A« — The Legislative Council. 

®.~ Do. Do. 

C— The Bank Influence. 

D. — Education. 

IE. — State Churches — Clergy in U. C. 

ff\ — Government patronage, L C. 

€*• — Evidence of Colonial Misrule. 

H« — Colonial Officers. 

!• — Justices of the Peace. 



Legislative Council. 107 



ALSO, 

K. — Trade of the Canadas. 

L<, — The Land Granting System. 

A, 

■ a Memoir addressed to the Secretary of State ; received at 
Colonial Office on the 25tk of July, 1332, and enregistered 
there, as " 2odc, Upper Canada." 

TSae legislative Conceit. 

The organization of the Legislative Council (the effects of 
which I am also desirous fully to detail in a separate paper,) is 
such as to deprive that Honorable Body of even the appearance of 
independence iu its proceedings. Its chief purpose, at present, 
appears to be the introduction of unpopular measures into the 
Colonial Legislature, and the shielding, in as great degree as 
possibly may be, the several Colonial Governors, from that unpo- 
pularity, blame and reproach, which would be their portion, if it 
fell to their lot, (as it annually does to the lot of the Councils 
Legislative of their nomination and choice) to negative and put 
dowu measures originating in the Assembly, of a character great- 
ly desiredby the whole body of the people. 

Hitherto, the Houses of Assembly have scarcely excited even 
a momentary attention in this Country when they forwarded 
complaints; for as it appears to me, by observation, there is so 
much domestic business of a very important character to be trans- 
acted, that it is found impossible for His Majesty's Ministers to 
spare the time necessary to a full understanding of the state of 
society in Upper Canada. The Legislative Council, therefore, 
has been enabled to render what 1 would call useful Legislation 
upon measures of great and general interest (during the last 12 
veins at least, as may be seen by a reference to the Journals,) 
abortive. 

The Government has annually supplied itselfwith the revenues of 
the Province, utterly disregarding every resolution of the Assem- 
bly in the 10th Parliament, to correct the evil. Information even 
as to the objects to which their (the people's) money is applied, is 
annually refused in respect to a great part of the funds of the 
Colony, by the Colonial Governors, to unanimous addresses of 
successive Assemblies (See Journals of 1629, 1630, and 1331) 
the Royal Instructions being the plea of such refusals. 

From a memoir addressed to the Secretary of State for the 
Colonies; received at the Colonial Office July 25tk, 1832 
unregistered there, and numbered *' 2339, Upvzr Canada." 

The legislative Ceusacil. 

A change in the Legislative Council, its system, is asked 
Assbm. No. 2L. F2 



198 



Bank Influence. 



very 
present imper- 



for only from a conviction generally entertained that, as 
little harmony is found to prevail between the present in 
feet representative system and the Council, (as may be seen 
by the Legislative Council's Journals of last session, 1832, 
1830, 1829; 1828, 1827, <fce.) a true representation would but 
widen the breach unless indeed the Council would yield to the 
clearly expressed sense of the country in a greater degree than 
it now does — and I admit that before any change is made in 
the Constitution, the trial ought to be made and the sense of 
the Province ascertained in the most unequivocal manner, 



c. 

The Bank Influence. 

[From the. appendix to a memoir received at the Colonial Office, July 
25lh, 1832, and enregistered No. "2888, Upper Canada.] 

" The Government and its officers 1 ' have tho Bank under 
their control and direct its vast powers at their pleasure. It is 
not necessary for me to assume it as a fact that they use these 
powers (one of which is to loan millions yearly of paper for 
which they are not individually responsible to the Bill holder) 
for the purpose of rewarding political partisans, the history of 
all political parties in such a government as that of Upper Ca- 
nada, will enable the reader to draw a proper inference. The 
Bank has agents in the several Districts who are believed to be 
in the receipt of large incomes drawn from the agencies. — 
They are usually found among the most active partisans of 
those in authority- In the year 1830, the Assembly appoint- 
ed a committee on the currency, with powers to enquire into 
the management of the Bank, which had solicited an exten- 
sion of its stock, I was Chairman of that Committee <fc report- 
ed certain resolutions for information desired from the Bank, 
The Houso by an unanimous vote sustained the resolutions, 
and the Bank refused the information* contrary to the terms 
of its charter, for which seo pages 263 and 322 of the revised 
statutes. The dissolution of that Parliament together with 
my expulsion from the succeeding one, enabled the Bank to 
obtain its charter without disclosing the general condition of its 
affairs to the body which granted it a large additional share of 
the powers of the government. The report of the majority of 
the committee appointed by the House of Representatives of 



* See Assemblies Journals 1830, Reports on the state of the cur- 
rency, 1st and 2nd. In the Appendix. 



Education. 109 

tlie United States to examine into the proceedings of the Di- 
rectors of the United States Bank before renewing its charter, 
and made this year to Congress by Mr. Clayton, shews that 
members of Congress and editors of public journals had been 
tampered with, and the press subsidized to a very great 
extent, and that the whole Board of Directors had been par- 
ties to this undue influence exercised. If these things are in a 
government like the United States, where there is a great re- 
sponsibility to public opinon acknowledged by public men, 
what may not be presumed in a secret institution like the Up- 
per Canada Bank in the hands of the politicians 1 If a capi- 
alists monied interest can succeed in influencing representa- 
tion and the press, that representation will become more and 
more its instrument and a bandage over the eyes of the public, 
** the powerful, and, in the hands of a bad administration, the 
irresistable and corrupting influence (observes Mr. McDuflie, 
the chairman on the ways and means, in his report to the 
House of Representatives of the United States, 1830) which 
a Government Bank would exercise over the elections of the 
country, constitutes an objection more imposing than all others 
united. No matter by what means an administration might 
get into power, with such a tremendous engine in their hands,, 
it would be almost impossible to displace them without some 
miraculous dispeasation of providence." 



[From a memoir enregistered in the Colonial Office, as " 2888, 
Upper Canada, 1832."] 

JD. 

Education. 

The establishing places of learning for the children of per- 
sons holding situations under the local government, and a tew 
other wealthy or influential individuals, at great public cost, 
hut placed beyond the controul of public opinion, and from 
which the sons of the yeomanry derive no benefit or advantage, 
while the exceedingly numerous and very reasonable petitions 
of that yeomanry for public support to the all important cause 
of general education throughout the colony are steadity resist- 
ed by persons in authority, in and out of the Assembly, and 
even declared to be unnecessary in the present state of the 
public finance,! has the effect of preventing that steady in- 

t See Mr. Robinson's Report on Mr. Osgood's Petion, Assembly's 
Journal*. 



200 State Churches. 

crease of capable men fit for jurors, for township and count? 
officers, and for the halls of Legislation, whose feelings and in- 
terests would ho the most closely united and identified with 
the welfare, the happiness, the general prosperity of their na- 
tive country, and whose minds would (under a better order of 
things) become fitted for the correct transaction of the public 
business of the colony by previous observation, study, and 
contemplation. [The existing system raises up and multiplies 
greatly in the colony the friends and supporters of arbitrary 
and exclusive principles and institutions.] I am desirous of 
making general education the subject of a separate commu- 
nication — [See also the Report of the Select Committee of the 
House of Assembly on Education, Journal Assembly, 1829 — 
Appendix]. 



[From the same.] 

State Clrarches— Clergymen in the 
Council. 

The just and necessary influence of the Assembly is weak- 
ened by the government taking the money of the people of 
England and Canada, and in opposition to the continual remon- 
strances of the inhabitants, sending forth the priesthood of 
three separate and distinct churches, salaried bv the state, to 
teach and preach the most opposite and conflicting religious 
doctrines at the public expense. These preachers are taught 
to meddle in the political quarrels of factions and parties by 
their leaders being accommodated with seats in the political 
councils of the state ; a bench of spiritual Feers of conflict- 
ing creeds; Bishops and Archdeacons, legislating for British 
North America, in the 19th century ! It is generally believed 
that the Orange Lodges and the disputes engendered between 
the Irish emigrants of different persuasions would never have 
been revived in the colony but for the policy of the gov , 
ernment to keep in pay a political priesthood of the 
most discordant materials, the clergy of the minority 
too — in order to regulate public opinion. 



p. 

(From the same Memoir.) 

Difficulties in Lower Canada, relative to Government pa- 
tronage, influencing the actions of the House of Assembly. 

Lower Canada did not, like the Upper Province, adopt 
ths English law as a rule of decision in all cases of centre- 



Colonial Misrule. 20i 

Yersy concerning the people's civil rights ; accordingly we find 
its Legislature attempting to remedy the evil so far as relates 
To the purity of Elections, by introducing and passing Bills, 
which, it would appear, this Government disapproved of, 
(though the Law of England) is applied to Lower Canada, (or 
the lare Administration had either advised the King to withhold 
the Royal Sanction, or else they had declined to advise his 
giving his assent. In the Session of 1831, Mr. Neilson intro- 
duced in the Assembly the two following resolutions, which 
were adopted without material variation by the House : — 

First " That until such time as the Royal Assent shall be 
£l given to a Bill conformable to the resolution of this House of 
" the 17th March, 1825, for vacating the seats of Members 
11 accepting offices, and similar to the bills passed by this House 
V in the years 1825, 1827, 1028 and 1830, the second and 
" fourth of which svevo reserved for the signification of His 
" Majesty's pleasure, the seat of any Member of this House 
M who shall accept of any office or place of profit under the 
" Crown in this province, or become accountable for any public 
** money raised within this Province, shall, by this acceptance, 
11 be deemed by this House to be vacant, and a new writ shall 
11 be issued for a new election, as if such person so accepting 
•■ was naturally dead; nevertheless such person shall be ca.pa- 
11 ble of being again re-elected, and of sitting and voting in 
" this House, as if his seat had not been vacated as aforesaid." 

Second, " That any Member of this House, sitting and vot- 
" ing therein after such acceptance, without snch re-election, 
*' be expelled the House/' 



G. 

(Fko?.i the same Memoir.) 

2,888, Upper Canada, 1832. 

Some few evidences cf colonial misrule and of the neglect 
trhick Mis Majesty's late Government and the Lieute- 
nant Governors appointed under them have treated the efforts 
made by the ninth and- tenth Parliaments to give effect to the 
opinions of the landoirners of the colony : 

1st. The Local Legislature (in Assembly) resolved, that 
the annual appropriation of £10,825 derived from sales of 
land was improvidently misapplied. (See their Journal, page 
.67, 1820.) The abuse was continued. 

i hey resolved, (see same page) that the Local Govern 



202 Memoir. 

ment had abused the application of the fund grantod for the 
administration of justice. No remedy was provided. 

3d. They resolved (page 68) that the loyalty and attach- 
ment of the people to His Majesty's person and government, 
would, if possible, be strengthened by leaving them with their 
local legislature and the executive to their own internal con- 
cerns, and by discountenancing all private and injurious re- 
presentations made for the purpose of counteracting the best 
directed exertions for the correction of public abuses ; which 
private and injurious representations have hitherto been too 
successfully made to promote misrule and protect the authors 
of it. 

The valuable series of resolves from which these are taken, 
were communicated to the Lieutenant Governor; doubtless his 
instructions prevented him from attending to them, NOR 
WERE THEY ATTENDED TO HERE. 

On the 4th day of January last, the Legislature of the state 
of New-York assembled at Albany : Mr. Throop sent them a 
message, from which I will make but one short extract. Since 
witnessing the means taken by His Majesty's Government to 
reform abuses in the representation here, I have indulged the 
expectation very shortly to see the same language held by a 
British Governor in Upper Canada to a fairly chosen Legis- 
lative Assembly. It would, indeed, be the true, the abiding 
interest of this great nation, so to speak to the freemen of 
Upper Canada ; for it would promote the public good. 

Mr. Throop , s remarks were as follow : u The wealth, the 
" trade, the external pomp of a nation do not always indicate 
" a happy condition of the people who composejt. Through 
" the perversions by man of the blessings which a kind Pro- 
" vidence designs for all his reasonable creatures, we some- 
" times witness the incongruity of great apparent national 
*' prosperit} r , while a large proportion of the population de- 
*' prived of every comfort are absorbed in the cares of pro- 
•' curing the means to sustain life. It is not so with us. — 
" Here national prosperity is the prosperity of every indivi- 
" nual ; not a cent is contributed by way of tax, not a dollar 
M is expended from the public coffers which is not assented to 
'• by the people, and employed to enlarge their means of en- 
" joyment" 

In Upper Canada, as this report abundantly shews, the 
opinions of the people are as much unrepresented in the pre- 
sent Parliament as they were fourteen years ago when the 
Gag-law passed, making it a crime for them to meet and com 
plain. With us in Canada, " national prosperity" is the 
prosperity of " the fe\v,y the poverty of the many. Such 
remarks are unpleasant, but it is here where relief can be had 
that they ought to be made. 



Memoir. 203 

4th. The ninth Parliament sent an address la the King on 
the subject of the Post Office Department — and addressed 
the Lieutenant Governor, requesting him to forward it to 
London. (See Journal of Assembly, 1825-6, pages 58, 69, 
and 113). To this day, I believe, it remains unanswered, 
and when I was chairman of the Post Office Committee of 
Enquiry, I could not obtain from the Postmaster General's 
Deputy at Quebec, any information of the revenue raised in 
the Colon} 7 . That functionary however continues to tax every 
newspaper that passes through the Post Office in the two Can- 
adas,a penny each,which,besides his salary, he puts in his pock- 
et as a perquisite of office. The removal of this odious and 
evidently useless impost, authorized by no law, would have 
been the work but of a moment, but all the remonstrances of 
all the presses and Legislatures of Upper and Lower Canada 
have weighed as nothing, thus far, when placed against an 
ancient and venerable abuse from which a colonial officer de- 
rives great revenue, the tax being paid at the expense, in 
many cases, of that sum which would have assisted in giving 
the rudiments of education to a son or daughter of a settler, 

5th. In the report of a select committee of the Assembly 
on the attempts made to disgrace Captain Matthews, (which 
report was received by the House in opposition to the Go- 
vernment influence and ordered to be printed, as also entered 
again on the body of the Journal for 1828) the Colonial sys- 
tem as seen in Upper Canada is thus described : 

M If every effervescence of feeling upon every jovial or inno- 
" cent occasion is, in these Provinces to be magnified into crime 
44 by the testimony of secret informers. If there can longer ex- 
14 ista political inquisition which shall scan the motives of every 
44 faithful servant of the public. If the authorities in Canada 
44 shall humble the independence of the Legislature by scandal- 
i4 izing its members and causing them to be ordered to Quebec 
44 and thence to England, to sustain a fate which under such 
44 corroboration as Lord Dalhousie received, might cover them 
44 with ignominy, or bring them, however innocent, fo the block ; 
44 or if the members of our community shall be awed into p.oliti- 
44 cal subserviency by the fear of oppression, or lured by the cor- 
44 rupt hope of participating guilty favors; then indeed will the 
44 prospect before us lower, and this fine Province become a dis- 
tant appendage of a mighty empire, ruled by a few aspiring 
'* men with the scourge of power."* 

6th. Another extract will serve to show how little influence 
the House had with the Government here T and in Canada, 
when it presumed to censure: 

A Mr. Forsyth complained to the House of misconduct in 
the Crown Officers and of other grievances, including a 

* Sec x\.sspinbly's Journal, 1828, page 123 ; and do. do. foi l©2b-7, 
pages 31 and 63, and Appendix P, 






204 Memoir. 

charge against Captain Philpotts of the Royal Engineers, of 
violent conduct as a military officer in a case mentioned. 

Tlio Houso appointed a committee of enquiry, of which 
Mr!, Rolph was the chairman; and the report of that committee 
(which censored f Captain Philpotts and the local Govern- 
ment) was referred back to the committee, additional evidence 
taken, and the whole reported to the House and ordered to 
be printed. On another of Mr. Forsyth's petitions, a J select 
committee unanimously reported, among other things, that " it 
wt appeared to them upon examination that some of the mot>t 
( ' daring outrages against the peace of the community have 
M passed unprosecuted, and that the persons guilty, have, from 
" their connexions in high life, been promoted to the most 
" important offices of trust, honor and emolument in the local 
tk Government. It appears that the Crown Officers, who ex- 
" ercise an exclusive right to conduct criminal prosecutions 
*' at the Courts of Oyer and Terminer and General Gaol 
41 Deliver}-, are in the habit, even in the first instance, of being 
** retained and taking an active part in the defence of the ci- 
" vil action for the wrong, by which it is inevitable that pro- 
" secutors will be discouraged to apply to them for professional 
" aid, and justice therefore, in many cases, fail, unless the 
" rights of prosecutors and of the Car are asserted and upheld, 
" as in England. From the testimony given, your Committee 
" do not hesitate to come to that conclusion, in which they 
" are supported by the testimony of the Honorable Mr. Jus- 
'* tice Willis, and nearly all the witnesses examined." The 
reports and evidence are printed in the appendix in the Journal 
of 1828; but they only afforded additional proof of the utter 
powerlessness of the House to do aught relative to public wrongs 
except to complain of them, to the personal injury perhaps of 
many members who might act thus independently. So it zcas in 
the present instance. 

Of this Report the accused took no public notice, but the 

+ Not long since arrived from the colony of Upper Canada. 

• X I caused the Reports of these Committees to be published and 
commented in the severest terms upon tlio affair of Capt. Philpotts 
and the Crown Officers, insomuch that the grand jury presented me 
for libel — (that is to say, the Government intended to prosecute) but 
no inducement could prevail upon the present Chief Justice, then 
first Crown Officer, to let the matter go to trial, and it never was 
tried. The late Surveyor General, when asked to attend and give 
evidence at the House of Assembly, said he must first obtain the 
Governor's leave, as an executive officer, and the Legislative Coun- 
cil's permission, as a legislator ; and so fearful must Colonels Giving 
and Coffin have been of implicating those in authority, that they 
chose to go to jail, for contempt, rather than give their testimony be- 
fore the Committee of Enquiry into Capt Philpolt's cate ; so 

.emfiiiieu in jail till alter the prorogation. 



Memoia. 205 

th»n Attorney General addressed a secret communication to 
the Lieutenant Governor, for the Colonial Department, 
which it duly reached, in which he thus characterized some 
of the most distinguished Members of the House, his fellow 
Representatives. tk If a preference is felt for the system in uso 
'* there, [iu England,] I have never heard it expressed by any 
" persons, and that it is decidedly my belief, with very good 
"means of observation, that whatever prejudices may in time 
" be excited, any dissatisfaction with the present system of con- 
V deleting criminal prosecutions, in the Courts of Oyer and 
M Terminer, is at present confined to a very few indl- 
44 viduals in the Assembly, whose opposition to every ar- 
" rangement and institution of the Government is very indis- 
" criminating." 

This communication was made, as I have before stated, in 
secret — it was never intended to be made known to the per- 
sons attacked. They had no opportunity to refute the ca- 
lumny : and, at first, when interrogated by a Committee of 
the Assembly, Mr. Robinson declined to avow the authorship, 
considering the document from which it had been taken, se- 
cret and confidential.* It was, however, soon after mada 
public. The charge it contained was of a most serious nature ; 
it was that of an unprincipled opposition to all the measures 
and institutions of the Government. "Mr. Robinson might 
ss well have secretly charge- his brother members with hav- 
ing been combined in a traitorous conspiracy against tho 
Government under cover of a faithful discharge of their Par- 
liamentary duties. The charge was not otfered to the notica 
of the people among whom the parties lived, where it couid 
be openly and fairly met, bat was transmitted to persons at a 
distance, who could judge of the accusation only from the so- 
lemn and confidential manner in which it was preferred, and 
from the standing and official character of the accuser, who 
was himself high in their confidence. It was intended to 
protect his own pocket from the hand of legal retrenchment; 
and in order to do this, he attempted to predjudice ouo 
branch of the government of which he was a confidential ser- 
vant, against another of which he was a member ; as a mem- 
bar of the House of Assembly, he so far forgot and betrayed 
his duties, as to endeavour by a clandestine unconstitutional 
exercise of a high and important office, which ~he held, to 
prejudice a co-ordinate branch of the government against its 
measures ; at the same time this calumnious representation 
was made to those who had no business with it. Whether tha 
charge were well or ill founded,' the government had nothing 
W do r/\i\i It, The individuals charged, were in no way* an- 

• Bee Asaemb j*g Journals, rS29. Evfdeaee'fQ .AnpeGdnr, 

G2 






2C6 Memoi*. 

swerable to the Government. On this account the accusation 
wa<* as uncalled for as it was unfounded ami unjust. The 

slander was intended to poison thf Royal Ear, and to preju- 
dice the mind of His Majesty and His Government against 
those who most naturally look up to him for protection. It 
was calculated to defame, in the very quarter where a man of 
honour would most wish his character to Le regarded with es- 
teem and respect." 

Except in so far as it afforded Mr- Robinson the private 
opportunity of traducing the Committee of the Assembly, the 
Report effected nothing, and a subsequent address to the 
King on the same subject adopting the opinion of the Com- 
mittee as that of the Legislature, was answered by the exal- 
tation of Mr. Robinson [o the Presidency of the Executive 
Council of the Colony. 

7th. Sir Peregrine Maittand soon dismissed Mr, Justice 
Willis. Why he did so, the characteristic despatches sent by 
him to the Colonial Office, and which have since seen the 
light, will she*. They are specimens of the system of espi- 
onage to which many a worthy man in Tpper Canada has ial- 
len a victim. Sir P. Maitland appointed the Custom House 
Officer at the Port of Kingston to a seat on the Bench of Jus- 
tice in Mr. Willis 5 room, the other puisne Judge of the Colo- 
ny having then been recently exalted from the Custom House 
either of BrockviHe or Prescott. His Excellency about this 
time quarrelled with the ninth Parliament, on the Alien Ques- 
tion and other matters, and being very generally disliked 
through the Colony, was promoted to the important Govern- 
ment of Nova Scotia, carrying with him many affectionate 
Addresses at parting, containing thousands of signatures. 
Among the most prominent Arts of the last year of his admi- 
nistration, was his receiving Addresses, in which the House 
of Assembly was characterized as factious demagogues with 
an expression of high satisfaction.* Lord Dalhousie did the 
same to th" most violent declamations against the Assembly 
of Lower Canada.! 

8th. On the 12th of January, 1820, an Address by the 
House of Assembly, passed in the lUth Parliament to the 
new Governor, Sir John Colborne, by a vote of o7 to 1, pray- 
ing against the injurious policy of the Provincial Adniinistra- 
Uon, and lamenting that His Excellency's confidential advis- 
ers were persons who had deeply wounded and injured ti.a 
be^t interests of the country, in which, (they stated,) the 
administration of justice had not risen above suspicion. 

• -ee Fi ! e<: of the Upper Canada Official Gazette. 

fc See Printed Reports on Grievances with tli* Evidence, printed k 7 

arder of the Assembly of Lf.ver Canada (printed I3v3k cee aiso 1 
Canada Official Gazette. 



Memoir. 207 

9i!i. On (he 14th of March of the same year, the House 
addressed His Majest\', praying that individuals deeply en- 
tangled in Provincial politics, might not be called to the 
Court of Kind's Bench as its Judges, but that they might he se- 
lected from the English Bar; that Mr, Justice Willis, of 
whoso conduct they approved, might be restored to the coun- 
try. They also enumerated many wrongs in the administra- 
tion of justice, and assured the King, that it was " from such 
Courts and such Judges that the people desired to be re- 
lieved."* 

His Majesty's Ministers promptly answered their Addresses 
-by selecting one of the Executive Council, who had counsel- 
led Mr. Justice Willis' dismissal, to be a Puisne Judge ; Mr, 
Robinson, who had defamed them to be Chief Justice, and 
"Speaker of the Legislative Council. (His whole public lifo 
had been one continued attack, on popular rights.) His bro- 
ther, Mr. Peter Robinson, had a new office, at £1,200 a year 
carved out for him : His relation, the Solicitor General was 
given the vacant Attorney Generalship. Dr. Strachan had 
the control for the new College, Glebe Lands, and larg^ 
grants of valuable public property near York : Mr. Campbeil 
(who had, like Mr. Powell, been placed in the Chief Jus- 
ticeship, pro tempore,) had a pension of £1,200 sterling, a 
year, and was knighted ; and the other Judge had £1,000 ; 
and in all this the Colonists were never once consulted — their 
opinion to the contrary was on record. But in these days 
the Assembly was not, as now, considered by the Government 
to speak the sense of the people. Such proceedings were well 
calculated to disgust spirited and independent men, and prevent 
them from accepting seats in a body treated with such supreme 
contempt. Howeverbad the public Officers might have acted, 
there was no Court of Impeachment nearer than the Privy 
"Council iii this capital, 



II. 

"Extracts from a Memoir, addressed by special permission, 
m Lord Viscount Goderich, his Majesty's Principal Secretary 
.of State for the Colonies, received August 3d, 1832, at the 
■Colonial Office, and registered there as " No. 3,019, Upper 
Canada :" — 

COLONIAL OFFICERS. 

Your Lordship has heen pleased to convey an assurance to 
the people of Lower Canada that " if any public officers can be 

»* tiec A«»0inbly's Journal, IHJ9, page 60. 



203 Memoir. 

earned, who are guilty of an abuse uf their power, and of 
remissness in their duties, His Majesty would not be slow in 
removing such persons from his service," and " that if it can 
be shewn that the patronage of the Crown 1ms been exercised 
upon any narrow or exclusive maxims, they cannot be too en- 
tirely disavowed and abandoned. His Majesty can have no 
desire that sucli invidious distinctions should be maintained/' 
a belief that the same principle would be extended to Upper 
Canada, induced me to become a petitioner for enquiring into 
the public conduct of that officer, in respect to which, I now, 
with your Lordship's permission, respectfully submit the fol- 
lowing observations'. — 

The situation of Lieutenant Governor and Commander of 
the Forces of Upper Canada is one of, perhaps, greater emo- 
lument than any other on the Continent of North America, 
with the exception of the Governorship in Chief of British A- 
xnerica and the Presidency of the United States : the salary of 
the incumbent is £3,000 sterling a-year, besides a shore of 
certain seizures; great patronage ; a splendid mansion upheld 
by the Province ; and the income and other advantages at- 
tached to the Chief Command of the Troops; while the ex- 
penditure in a country, like Canada, where the necessaries, 
and many of the luxuries of life, are very low in price, i§ 
comparatively small. 

Whether the acquirement of greater wealth and property, 
er of personal comfort in a temperate climate with the pleas- 
ing task of aiding the establishment of British Freedom in a 
lovely, a magnificent country, be the objects more immedi- 
ately in view, the high office of representative of His Majesty 
in Upper Canada is, in my humble opinion, far preferable to 
office in London with a salary of £6,000 or even £8,000 a 
year, — It is equal to the official value of 20,000 acres of the 
best surveyed public lands in fee-simple. Land which will be 
worth ten times the estimated selling price, under any Gov- 
ernment which can continue to exist in the Colony for any 
length of time. It may be inferred that an individual thus 
amply recompensed by the country, and honored by his 
Sovereign ought to spare no exertion to prove to the colonists 
that the security of property and civil rights, the improvement 
of the Province, the economical expenditure of its resources, 
the redress of real grievances, and the advancement of general 
education, are objects which may bo as fully attained under a 
.Lieutenant of His Majesty, chosen with the advice of a Coun- 
cil, possessing wise, liberal and enlarged views, as they would 
be if the Chief Magistrate were chosen by themselves from 
among their most respected and tried statesmen, as is the casa 
-in the adjoining Republics. What a remarkable contrast i» 



Memoir. 209 

pr**e?ited to the eye of the Canadians *ho compare the last 

tea years' messages of the Governors of New- York State with 
the last ten years' speeches of the Lieutenant Governors uf 
Upper Canada- #####• 

The Governor of Upper Canada, if he does his duty has a 
task requiring a good temper, great forbearance, a freedom 
from religious prejudices, arid a deposition to avoid giving of- 
fence to his Majesty's subjects because their views of Govern- 
ment in Church and State may net, in eveiy respect, accord 
with his own. Above all tilings, he ought not to estimate a. 
man's loyalty to his King by the degree of respect he mani- 
fests for the wealth and worldly power of the church by law 
established in this part of the island of Great Britain, nor 
range himself as a controversialist and partizan of the few, 
overstep the bounds prescribed by the functions of his high 
office, and wantonly injure the feelings of the many by at- 
tacking the ministers of religion, whom they esteem, and 
whose influence and hearty co-operation is greatly to be desir- 
ed in many matters connected with the general welfare. Ho 
should be a careful observer of the signs of the times, the 
genius of the people, and the various indications of public 
opinion : he is placed in a situation to attain much valuable 
information concerning the effect of the laws regulating trade, 
commerce and manufactures in Canada, and the adjoining 
Republic— to judge of the consequences of the present corn-? 
laws in drawing away or preventing Emigration to the oppo- 
site shores — to reason and reflect on the probable operation 
of those changes so much desired by the colonists, both a» 
affecting interests here and interests beyond the Atlantic.—- 
Should difficulties occur on the Continent of Europe of an 
unforeseen and unexpected nature, and Britain have her 
hands full, it would be an important point gained to hav9 
tranquilized Upper Canada in the first instance, while time re? 
mained for that purpose, by doing that justice to the attach- 
ment of its people to His Majesty's Government and the Bri- 
tish nation, which their patriotism has merited, and would still 
more fully merit. Send to Upper Canada a Governor accus- 
tomed to civil rule, of kindly dispositions, and who will not 
second the Rev. Doctor Strachan's views for converting thp- 
population to the Established Church of this country, and a 
great advantage will be gained to England and to her colonists. 
If a more just and equitable policy were pursued towards the 
colonies, if it were kept in memory by all who seek to pre- 
serve the unity of the Empire, that the Canadians however 
great their interests and inclinations to remain connected for 
ages to come, with the Parent State, under good government, 
would suffer fzr less from an easy separation from Gl. Britain 



210 Memoir; 

than would Britain herself, with whom t! 
colonial state, may bo greatly augmented, it it were recollect- 
ed, that although England engross* d ihreo-fourths of the trade 
of the 13 colonies, now the United States* before 1796, even in- 
terest gave away to patriotism when the colonists of that day 
thought tneir free institutions were .-.bout to be subverted and 
their religious privileges interfered with, in such ea?e the re- 
sults would be more satisfactory than ever can a system sup- 
ported by wealth and undue influence in the hands -of a few, 
and used to the disadvantage of the community. 

In the remarks I am about to make respecting tlie conduct 
of Sir John Colborne, I would not be understood to attach 
much blame to himself individual)} 7 , but to the system he per- 
haps willingly followed, but which he must have followed whe- 
ther with or against his will, in order to remain in Upper 
Canada as its Chief Magistrate. lie came into the country a 
stranger to the people, their customs and their manners, l.e 
found the persons who had guided his predecessor prepared to 
advise him, lie found Dr. Strachan and his colleagues in pos- 
session of the wealth, honors, emoluments, influence, and re- 
sources of the Province, while the House of Assembly wps 
neglected, and its remonstrances utterly despised ; lie found 
that the government was carried on without any supplies, and 
that the policy 7 ot England's rules in those days, was to conci- 
liate the people, be as moderate as possible, but trust the peo- 
ple with nothing, keep them powerless and obedient. Sir 
Peregrine Maitland had been raised to higher honors after 
having pursued a most unpopular course in Upper Canada ; 
Dr. Strachan had had offices and grants of land, and dignities 
conferred on him for standing a firm tho'' not very consistent 
supporter of high church pretensions in a country where very 
few, even of tho few Episcopalians it contains had the least 
desire for temporal pre-eminence,, His Excellency resigned 
"himself entirely to the guidance of those whom the Rev. Dr. 
could influence at his will, became a firm supporter of estab- 
lished abuses, interfered with the religious privileges of the 
people, and in a most ungracious and inappropriate moment 
declared his belief of all the slanders which had been heaped 
upon the dissenters, outdoing even Dr. Strachan himself in his 

* A late arret of this Court against the admission of British manu- 
factures produces a great sensation in England; J wish it may pro. 
duce a disposition thsre to receive our commerce in all their domini. 
ons on advantageous terms. This is the only balm which can heal 
the wounds that it has received. It is but too true that that country- 
furnished markets for three-fourths of the expOTts of tho eight north- 
ernmost Statos : a truth not proper to be spoken of, but which should 
influence our proceedings with them. (Jefferson's Memoirs, letter 
#8, dated Paris, Aug. 1785, and addressed to the late Co'ojieJ ftfunircuj 



RIliMOM*. 211 

expressions of aversion and dislike to : ' numerous nod rrsper- 
table body, the extonsinii of whoso influence he deplored while 
he regret ed the small numbers of his own sect. I know no 
one public individual who has been niore carressed, and honor** 
ed, and promoted to- greater wealth, influence and dfstinclion 
by liie British Government than Dv. Strachan ; and it is pro- 
bable Your Lordships will doubt my judgment when J affirm 
as I now most sincerely do my conviction that the Dr. bas (I 
dare say unintentional^) dons more to wean the affections of 
the people from British rule, and to impress upon their minn 1 * 
(if it were possible) a sense of British injustice, than any other 
individual now living. He is an Executive Councillor, a Le- 
gislative Councillor, President of the College, and member of 
its Council, a Civil Magistrate, Rector of York, Missionary to 
the Society for promoting Christian K now ledge y member of tfae 
Land Council, President of the Provincial Board of Educa- 
tion; Senior Member of the Boards of Education in Eleven 
Districts, and a very extensive Land-owner— receiver of the 
iic ,v Glebe Rents, member of the Clergy Corporation, one of 
the principal proprietors of the Province Bank, and (if my me- 
mory serves me) he once sat at the Discounting Board as a Di- 
rector of that institution, Ar< hdeacon of the Church of Eng- 
huiJ, Doctor in Divinity, a Commissioner under the Heir aivl 
Deviz^e Act for proving letters to Estates, a Trustee ofths 
Ro3'al Institution, and in fact holds more situations than I can 
call to my remembrance. About 8000 persons petitioned the 
House of Commons against his misrepresentations while here, 
the Cauaia Committee's report exposed them, and success Vo 
Houses of Assembly complained of them, as if to shew the Pre- 
^ iuce that the Doctor was of more importance than the opinion 
of the whole country, new honors were haped upnn him, new 
grants of the choisest portions of the public Land bestowed on 
him as an especial mark of the Royal favor, end his rebukes 
fell with increase;! weight on the unfortunate Disseirers from 
Lis adopted creed when conveyed last September thro' the 
cuannel of the King's Lieutenant Governor. For the sake of 
the pjace and prosperity of Canada, I trust the day is not far 
distant when this Rev. person wiii be strictly confined to tie 
performance of his functions as a minister of the everlasting 
Gospel — would a minister of State expect to conciliate tier 
Catholics of Ireland, or to retain the affections of the Catho- 
lics of Lower Canada, by honoring the functionaries wno 
shall act towards them as Sir John Colborne and his chief ad>- 
viser Dr. Strachan have done to the Methodists and other Dis- 
■v* Canada > 

* The following hrisf but Fipnfieant cofn'raentarv on the )••■ 
pursued by the jfovernuiunt towards the people oi Upper Canada, :* 



212 KFEMo:fr. 

****** 

Upper Canada will expect an intelligent active individual 
as a successor to Sir John Colborne, a Governor who will 
appear to take a personal interest in the prosperity and im- 
provement of the Colony, and favourably consider those 
great general measures, tne people have so much at heart, 
but which the Legislative Council constantly reject, such as 
the amendment of the Jury Laws, a more adequate provision 
for general Education, an alteration in the Primogeniture 
Laws, moderate Law Fees, and more satisfactory and effi- 
cient regulations for the management of the a Hairs of Town- 
ships 03' their officers. His success will greatly depend upon 
himself; at 3,500 miles distance, it will be at all times, easy 
to evade his instructions, however positive and peremptory, 
if he possess that fondness for military power, and love of 
arbitrary authority which Rochefoucault tells us " are in eve- 
ry region of the globe, the usual attribute? of such delegated 
trusts." 

The Assembly in 1829, addressed Sir John Colborne, de- 
siring the removal of Dr. Strachan and his colleagues from 
the administration, because " they had deeply wounded the 
feelings and injured the best interests of the country,"* to 
which His Excellency answeredf that he was convinced 
** that in many instances the most upright intentions had been 
discoloured by the medium through which they had been 
seen" and took no farther notice of the subject, although 
their vote was almost unanimous. 

Next year, 1830, they repeated their request, and assured 
him with scarcely any dissentients} that they entertained a 
settled conviction that the continuance about His Excellency 
of those advisers who from the unhappy policy they pursued 
had long deservedly lost the confidence of ihe country, was 
highly inexpedient, and calculated seriously to weaken the 
expectations^ of the people from the impartial and disinter- 
ested justice of [lis Majesty'" 1 



bat one of a hundred I could bring forward to prove that the United 
States k-'vsp a watchful eye upon the progress of events in the colo- 
nies. The brief eomrne.itary " bit the people do not like it" speaks 
volumes to me. Education in Upper Canada, through the favor of 
the Royal Governors, the Episcopal Clergy seem to bo playing tha 
samo gam? in Upper Canada that they did in New York before tha 
revocation, in obtaining possession of all the binds and other perqui- 
sites that are appropriated for the purposes of feiigion or education* 
They have gained some of the lands appropriated to *hc support of 
colleges, and established an institution i ' •' '■[.'■■ College, but tht 
people do not like it. — /Veto York (Zvanz ■ <'-V. 

* See Journal, 1827, page ?. 

t SeeJonrnul, 1629- page 10. 

1 5r C l1th'p*z« A.r><*mWy*s Journals, I83f. 



Memoir. 215 

Sir John Colbome, did not as in the case of the Methodisti 
give his reasons for pursuing a course directly opposed to the 
public wish, but clung still more closely to the Strachan inte- 
rest — saw them soon after, more and more engross and mono- 
polise the power of the Colony, and with great brevity re- 
plied to the Assembly " Gentlemen, I return you my thank* 
for your Address."* 

How different this from his answers to Addresses wherein 
great and influential bodies of the people under his govern- 
ment are branded as seditious rebels, disaffected, led by de- 
magogues, and so forth. 

Few military men make good civil rulers in colonies, under 
a popular form of government, their previous habits requir- 
ing more implicit obedience to their mandates than is consis- 
tent with the habits of a free people, especially in America, 
where every man lives upon his own land, and thence imbibe* 
high notions of liberty and independence. 

It is difficult to imagine any motives other than a mistaken 
notion of what his duty required, united with bad advice, pre 
vious habits of military life, and an unpopular sentiment in 
favour of making converts to high church principles, a pro- 
bable consequence of his education, which could have indu- 
ced a brave and gallant officer like Sir John Colborne to 
pursue a line of conduct in Upper Canada so very much op- 
posed to the interests of Britain and Canada, as his has been, 



I. 

Justices of the Peace* 

[From the same.\ 

The exclusive and excessively unpopular manner in which 
His Excellency distributes the patronage of the Government 
is a source of perpetual annoyance to the wealthy and spirit- 
ed land-owners of the Colony. In the Home District a few- 
officers of the Government with Dr. Dunlop, an officer of a 
company of speculators in land, here, set as a board of con- 
trol over the local affairs of the two counties; disposing of 
the produce of the taxes, judging offences, regulating im- 
provements, constituting courts of general quarter session*, 
police magistrates, every thing ; while the task of the Far- 
mers is to collect the taxes and pay itfthemj into their Trea- 
sury, to be, in too many instances, wasted, and seldom fully 

'See page I3th Assembly's Journals, 1830. 

H2 



214 Memoir. 

accounted for. It might be admitted, even by the most eap- 
tious friend of arbitrary power, that it would be br.t reason- 
able to give this local power, at least partly, into the hands 
of the principal land-owners, as justices, and that the Mem- 
bers of the Assembly for the time being:, in their districts, 
would be as fit checks at least as the Legislative Council. 
His* Excellency thinks otherwise; seldom indeed has a pop- 
ular individual entered the magistracy, nor have Colonial 
Governors, either in Upper or Lower Canada, forgotten to 
make such changes as might warn spirants to, or possessors 
of, the office of justice of the peace, how necessary it was 
that their political opinions should agree with the administra- 
tion. Sometimes the land owners have prayed for the ap- 
pointment of certain capable and independent men as justi- 
ces, but I never once knew an instance of such a petition 
being listened to- 

There are no doubt some few very independent men in 
the commission of the peace, but in general the justices all 
over the Colony act with other office-holders and the pen- 
sioned or salaried clergy, to uphold the existing system. 



R. 
Trade of the Canada** 

From a Memoir addressed to Lord Viscount Goderich, and 
delivered at the Colonial Office on the 27th of August, 
1832, to Mr, Charles Douglass , His Lordship's Private 
Secretary. 

*J* On the subject matter of this letter I had an interview with 
hii Lordship of about two hours on the 7th of November, 1832. 

While the citizens of the United States are enabled to 
trade freely with the Chinese and are popular with them — 
while the tea trade is about to be made free of all duties to 
the people of the Union, the King's subjects in Upper Ca- 
nada and the other Colonies are made a monopoly of for the 
benefit of the East India Company, and compelled to pay a 
dear price for an inferior quality of tea, purchased by the 
Company at an inferior price in the Chinese market, ex- 
pressly for the use of Canadians and Nova Scotians, as 
yoor Lordship will perceive by the testimony given befop 
the East India Company Committee of the House of Com- 
mons in 1890, questions 1254, 1235, 1236, 1237,125*, 1239. 



Memoir. 215 

The prou^i 100, centre in England, in that Company exclu- 
sively, and are considerable as is evident by the statement! 
annexed to Mr. Melvili's answer to question 5875, History 
might have taught England the expediency of adopting ano- 
ther policy. If the principle of 2d a lb. tax on tea was un- 
popnlar in Boston,, in 1775, it is not likely that a knowledge 
of the Canadians of the above facts, and that Is. to Is. 6d. 
sterling is paid in profits and taxes in Leadenhall Street on 
every pound of this inferior tea they consume, will interfere 
with the views I have ascribed to the American Government. 

With regard to trade generally England declines to give 
the Colonists a monopoly of her markets for their produce, 
and she declines to permit them to supply themselves with 
such things as they want from abroad at the cheapest market. 
At the ports of Liverpool and Glasgow, there is no protecting 
duty in favor of a cargo of Canadian flour beyond what is al- 
lowed to a cargo of flour from the r ar of New York, Pen- 
sylvania, Michigan and Ohio, ground on the North bank of 
the St. Lawrence — while, should the Canadian owner desire 
to buy tea in China or foreign goods in the Union, he finds a 
prohibition on the former and heavy protecting British duties 
against the latter. The Americans carefully exclude the 
people of Upper Canada from the use of their Canals and 
#rain and produce markets by prohibition duties — while 
England orders American produce, wheat, flour, beef and 
pork to be admitted into Canada duty free, for domestic use 
and exportation. A British Agricultural Emigrant who shall 
carry his capital and industry to the Souih shores of the St. 
Lawrence and great Lakes, will find himself possessed of a 
free access to the Canadian Market, the British West India 
Market, the Domestic American Market and the American 
Markets in Foreign Ports — he may send his grain down the 
Canal to New York or down the St. Lawrence to Montreal, 
while the inhabitants of Canada is restricted to Montreal 
only ! The Americans have a virtual monopoly of the supply 
of the British West India Markets with produce, while the 
North American Colonists, who profit little by the West In- 
dia trade, purchase vast quantities of West India produce 
which the Americans carefully exclude. Can Your Lordship 
even for one moment suppose that the shrewd and sagacious 
statesmen of the Union are ignorant of the effects produced 
on the minds of the Colonists by a system like this ? Know- 
ing as they do the internal state of the Colonies and th« 
petty vexations to which they are subjected it is not to ba 
wondered at that they expend very little money in fortifying 
ir Canada frontier. * * * * * 



2JG 



Memoir. 



JL. 

The Land Granting System, 

[Fkom the Same.] 

Mi*. Richards, the Commissioner for enquiry, appointed by 
Sir George Murray could not learn much of the people's feel- 
ings and temper by merely passing through Canada. (I was for 
years a resident in the Upper Province before I fully comprehend- 
ed the state of parties.) Mr. Richards, however, in his report to 
your Lordship, judiciously alludes to "the value to which this 
beautiful Province (meaning Upper Canada) might have been 
raised under a more economical management of its land resour- 
ces." There he is right, but he is in error when he says that 
the present and late administrations are not to blame. We of 
Upper Canada well know that a few families have borne sovereign 
sway in Upper Canada during the last fifteen years — that they in 
reality are the administration and the Government, and the Judi- 
ciary — that they are every thing and the people nothing. If the 
mismanagement complained of by Mr. Richards, which drove 
the 29,000 emigrants from Canada in 1827 and 1828, and which 
wasted the landed sources of the Colony, be a fact, it is also a fact 
that a few individuals who have been enabled under every govern- 
ment here, to promote their own personal interests at the expense 
of the freeholders (with those who permitted them) are to blame. 
But for them Upper Canada would have been twice as populous 
as it is — but for them the National Debt of Upper Canada would 
not now have exceeded that of the American Union — but for them 
and their influence here, the War Losses would long ere now 
have been paid, and England not asked for a shilling towards 
the payment. No one directly blames either Your Lordship or 
Your Noble & Hon'ble Predecessors in this matter. Had any one 
or two of the Colonial Office Bearers who have made so many 
voyages between Upper Canada and Downing Street, of late 
years, in search of pensions, places, offices, and appointments, 
taken the pains to enlighten Ministers as to the least burthen- 
eome means by which the claims could be liquidated, as their 
local knowledge of the Colonial Revenues enabled them to do, 
ibi3 Memorial would have been unnecessary. 



No. 78. 

From the Records of the House of Commons > 1833, 

Upper Canada. 

Return to an Address of the Honorable the House of Com 
roons, dated 18th July, 1833, for Copy of a Despatch addressed 
"by the Secretary of State for the Colonies, to the Lieutea?st 



Lord Goderich's Despatch. 217 

Goveruor of Upper Canada, dated 8th November, 183*2, on the 
subject of Petitions from the people of that Province for the re- 
moval of His Excellency ; the Dissolution of the Legis- 
lative, and the remedy of certain alleged Grievances ; and 
of any Addresses to His Majesty from the Legislative Coun- 
cil or from other Inhabitants of the Province agreed to in conse- 
quence of the said Despatch. 

JOHN LEFEVRE. 
Colonial Department, ) 
Downing Street, 20th August, '33. $ 

[Mr. Hume.] . 

Ordered by the House of Commons to be Printed, 20tk 

August, 1833. 



Copy of a Despatch addressed by the Secretary of State for the 
Colonies to the Lieutenant Governor of Upper Canada, dated 
8th November, 1832, on the subject, of Petitions from the peo~ 
pie of that Province, for Removal of His Excellency ; the 
Dissolution of the Legislature, and the remedy of certain al- 
leged Grievances; and of any Addresses to His Majesty 
from the Legislative Council, or from other Inhabitants of the 
Province, agreed to in consequence of the said Despatch. 

SCHEDULE. 
697. 

A. — Copy of a Despatch from Viscount Goderich to Major 
General Sir John Colborne, dated Downing Street, 8th 
November, 1832. 

B. — Copy of a Despatch from Major General Sir J. Colborne, 
to Viscount Goderich, dated Upper Canada, 16th Fe- 
bruary, 1833, enclosing Addresses from Legislative 
Council and House of Assembly. 

C — Address to His Majesty from the inhabitants of Lennox &. 
Addington. 

D.— Address to His Majesty from the Inhabitants of Cobourg, 

A. 

Downing Street, ) 
8th November, 1832. J 
Duplicate, JVb. 162. 

Sir, 

During several months past I have been in occasional 
communication with Mr. William 3iackenzie, upon the subject 
of the Grievances said to exist in Upper Canada, and for redress of 
which various petitions have besn addressed to His Majesty. 



218 Lord Goderich'* 

As Mr. Mackenzie has been the bearer of those petitions to 
this country, I have gladly availed myself of his residence here to 
obtain such information as it is in his power to give respecting the 
opinions and wishes of that portion of the inhabitants of the Pro- 
vince by whom he has been deputed to act, and although I have 
adhered to the general rule of declining to explain the views of 
His Majesty's Government, on questions of Canadian policy, to 
any person except the Governor of the Province, I have bean anxi- 
ous to afford Mr. Mackenzie the most ample opportunity of doing 
justice to the case which he laid before me. 

From the voluminous mass of that gentleman's correspondence, 
1 have selected three documents which profess to embody the en- 
tire substance of that case as it affects the present condition of 
Upper Canada : of these documents I have the honor to enclose 
copies for your information. 

I propose in this Despatch to follow Mr Mackenzie through 
those parts of his statement respecting the representation of the 
inhabitants in the House of Assembly, which appear to me essential 
to the consideration of the practical questions he has undertaken 
to agitate. But confining myself to what I consider as really rele- 
vant, I shall necessarily pass over in silence some details which 
have been introduced with no perceptible tendency to elucidate 
the subjects in discussion, and much invective and sarcasm which 
would have been far more conveniently spared. 

It is with no intentional disrespect to Mr. Mackenzie that I 
remark that he has adopted a sLyle and method of composition sin. 
guiarly ill adapted to bring questions of so much intricacy and im- 
portance to a definite issue; but however discursive may be h;s 
papers, or however acrimonious their tone, I am not on that account 
disposed to withhold my attention from any useful suggestions 
they may contain for the public good. 

I am the more induced to devote to this discussion such leisure 
as 1 can command, because 1 am solicitous that the comparatively 
small body of persons whom Mr. Mackenzie represents should 
have no reason to think that j heir complain! s had been overborne by 
the contrary declarations of the much more numerous bodies oppo- 
sed to them. 

Mr. Mackenzie indeed would have himself understood as speak- 
ing the sentiments of the entire population of Upper Canada, ex- 
cepting only a few public functionaries whose interests are opposed 
to those of the people at large. It is not necessary, however, to 
have a very long experience of public controverses of this nature 
to be aware of the levity with which such pretensions are continu- 
ally advanced upon the slightest and most inadequate ground. 

Almost all complaints, the most opposite and contradictory not 
excepted, which reach this office are nearly as a matter of course, 
preferred in the name of the collective society : and it becomes 
necessary to distinguish carefully, in such cases, between mere 
rhetorical embellishments, and statements made in the cautious 
and measured tone of truth. 

Now, in the present instance, I find that Mr. Mackenzie's views 
are supported by forty-four petitions, which have been signed on 
the whole by 12,075 persons. — On the other hand I have before 
me no less than thirty.three petitions from the different Counties, 



Despatch. 219 

Districts, Towns, and Townships of the Province, signed by 
26,854 persons, who concur in expressing their cordial satisfaction 
in those laws and institutions which the other sort of petitioners 
have impugned. Such a body is far too numerous, and many of 
the individuals composing it are far too considerable in their sta- 
tion and character to justify the supposition that they can be in a 
state of dependance on the local government, or controlled by any 
unworthy influence in their public conduct. I am driven to the di- 
lemma of either supposing this great mass of the people of Upper 
Canada ignorant or corrupt, or of concluding that a very small 
minority of the whole population concur in Mr. Mackenzie's views. 
The former supposition is as improbable as it is cfT:nsive.-Th.e latter, 
however contradictory to Mr. Mackenzie's assertions, is verified by 
many of the particular facts which he has advanced or admitted ; 
but tho' I conceive this gentleman's constituents to be opposed by 
the general current of public opinion, I do not in the slightest de- 
gree mean to dispute their collective or individual respectability, 
and there is no class of the Canadian people, however small, nor 
individual amongst them, however obscure his station, to whose 
petitions His Majesty does rot require that the most exact and res- 
pectful attention should be given. 

I shall, in the first place, advert to the paper to which Mr. Mac] 
kenzie has given the title of " Observations on the state of the re- 
presentation of the people of Upper Canada, in the Legislature of 
that Province." In performing this task, however, I must decline 
to pursue the discussion into those redundant and misplaced details 
with which Mr. Mackenzie has encumbered it. Thus, for example, 
I shall pass over in silence whatever is stated respecting the case 
of Mr. Stuart, the Attorney. General of the adjoining Province, and 
the state of the borough of William Henry, for the representa- 
tion of which, in the Assembly, Mr. Stuart was a candidate; nei- 
ther shall I enquire into the justice of the reproaches with which 
Mr. Mackenzie assails the conduct of former administrations, both 
in this kingdom and Upper Canada, upon occasions which have long 
since passed away, and questions now become wholly absolete. I 
can address you only for some practical purpose, nor is there any 
measure suggested by the Petitioners <>r their Agent with a view to 
which, such a retrospect seems to me either necessary or desirable. 
I must add that if it were fit to review the past history of the Pro- 
vince, it would be impracticable to assume Mr. Mackenzie's paper 
as the basis of such an enquiry, since it is drawn up in an utter 
disregard of method, and in such a manner as to render the diffi- 
culty of distinguishing between assertion and proof, deliberate 
statements and the exaggerations permitted to an advocate, almost 
insuperable. , I shall limit myself to the single consideration whe- 
ther he has brought to light any grievances, for which His Majesty, 
in the legitimate exercise of the authority or influence of His Gov- 
ernment, can be called upon to remedy. 

The great object of Mr. Mackenzie's censure is the Electior 
Law, which was passed by the Lieutenant Governor, Counci 
and Assembly of Upper Canada, in the year 1820. I might 
perhaps, not without reason, raise a preliminary objection to th 
discussion of that question at all. If the Election Laws of thfc 
Province require amendment, the change must originate not with 



220 Lord Goderich's 

the Executive Government, but with the popular branch of the 
local Legislature. Any interference of the Ministers of the 
Crown, would be reprobated probably by Mr. Mackenzie him- 
self, and certainly by his brother journalists, as an unconstitu- 
tional encroachment. If therefore I advert to the question at 
all it is because, in the prospect that such a discussion will be 
provoked by the Petioners, I think it fit that you should be appris- 
ed of the views which His Majesty's Government entertain on 
this subject, that you may not be destitute of a rule for your 
guidance in the acceptance or rejection of any bill which may be 
passed by the Legislative Council and Assembly for the amend- 
ment of the Election Laws. 

If I have found occasion to lament the redundancies, I cannot 
less regret the deficiencies of Mr. Mackenzie's documents. He 
has travelled through this protracted discussion without finding 
himself called upon to notice, still less to refute the arguments by 
which it has been usual to vindicate the constitution of the Pro- 
vincial House of Assembly. Yet it is impossible that he can be 
ignorant of them, nor credible that he should regard them as 
deficient, at least in plausibility. An ignorant reader of his pa- 
pers might be left with the impression that the question was alto- 
gether new, and that the existing constitution had never been 
vindicated on the principles and on the example of the most free 
and independent go-ernments. How utterly remote this is from 
the fact is clear to every man whose attention has been given to 
the affairs of Upper Canada, for the last few years. Mr. Macken- 
zie has therefore imposed on me the necessity of drawing a gen- 
eral outline of that defence of the law of 1820, which he has 
passed over in silence, but which is far too important to be dis- 
regarded by any fair and impartial inquirer. 

It is a fact familiar to all who are conversant with the Legisla- 
tive history of North America, either in the United States or in 
the British possessions that a problem of no light difficulty ha? 
continually arisen respecting the distribution of the Elective 
Franchise amongst the inhabitants resident in different parts of the 
same State or Province. The surface of the country is gene- 
rally divided for political purposes into sections of nearly equal 
areas, but those counties or Townships which are in the imme- 
diate vicinity of the capital or which are intersected by great na- 
vigable streams, or bounded by lakes, are peopled with far greater 
rapidity than the more remote Districts. Hence it has frequent- 
ly happened that a single metropolitan or trading county has con- 
tained a population exceeding in wealth and number many newly 
settled counties of similar dimensions. Accordingly, when capi- 
tal and numbers have been made the exclusive bases of the rep- 
resentation, one portion of the State or Province has acquired an 
influence in the Legislature which has reduced to comparative 
insignificance the weight of all the other divisions of the country. 
The favoured District has thus been able through its representa- 
tives to throw upon the less fortunate sections, a most unequal 
weight of taxation, and to refuse to them a fair participation in 
the benefits of the judicial and other institutions, to the support 
ef which the revenue wss applied. Local interests have predom.- 



Despatch. 22\ 

w&ted over tbc general ioteffltsts, and discontent! have boeu en- 
gendered, threatening the stability of the Government and tend 
ing to an abrupt severance ot One part of the fcftate or Truvince 
from the rest. 

In the State of Maine, as I sm informed, this difficulty was so 
sensibly felt as to have led to the introduction of the system adopt- 
ed in Upper Canada in the year 1620. In r-ppcrtioning the elective 
franchise among the inhabitants, the Legislature did not confine its 
attention exclusively to the qucs'ion of property and of numbers, 
but introduced a new element into the calculation. They consider- 
ed that a small number of peisons occupying one country might 
reascnablv claim as large a share in the Representation as a much 
larger an 1 wealthier body occupying another county of equal dimen- 
sions. By this method members were drawn from every part of 
the Province : the local wants of every part were explained, and the 
interests of each vindicated. In a densely peopled country like 
Great Britain, po~se.-sing such internal communication as to secure 
the immediate diffusion of intelligence from one end of the kingdom 
to the other, this precaution might be the less necessary, since no 
part is so remote or inaccessible as not to be rapidly reached by 
information ot every projected law, or as to be destitute of the 
means of making an early protest against any measure injurious to 
its welfare. Yet even in this kingdom, where the subject has with- 
in the last two years undergone the most public and rigid scrutiny, 
no one, so far as I am aware, has seriously advanced the opinion 
that the Representation of the metropolis should bear to that of the 
country at large the proportion which the wealth or population of 
London bears to that of England collectively. 

Such a principle would have g yen to the metropolitan districts 
between forty and fifty members, a scheme which I need scarcely 
say would have been rejected by the entire body of the people, as 
altogether unequal, though resting upon a foundation of the most 
perfect nominal equality. 

It appears, however, to have been perceived by the Upper Canadian 
Assembly, m the year 1820, that by simply adopting the rule to 
which I have referred, they might extricate the Province from one 
difficulty at the expense of another yet more considerable. A county 
might contain a very inconsiderable body of persons for some time 
after it was first redeemed from the wilderness, and thus a choice of 
members might virtually be committed to a very few electors, who 
might themselves be subject to seme unworthy influence. It was 
therefore required that no county should be represented in the As- 
sembly by a distinct member until the inhabitants numbered one 
thousand," at least. But with the foresight which is perceptible in 
every part of this law, it seenjs to have been perceived that t.hera 
was considerable danger in leaving any body of new settlers wholly 
unrepresented ; and to obviate that inconvenience, the inhabitants of 
each county whilst yet below the required number, were authorised 
to vote in the least populous adjoining county. 

Thus without being betrayed into a sacrifice of the substance of 
good government by a superficial attention to a merely nominal 
equality, the Legislature of Upper Canada, in the year 1820, justi- 
fied the confidence reposed in them by the constitution. The- 
■ ere too conversant withthe real business of life to suppose that 
12 



222 Lord God e Rich's 

"b. great social system could be practically carried on without ad- 
vancing a little beyond the most obvious and elementary maxims, 
or that the inevitable intricacy of the public affairs of the Province 
could be met without some degree or" complexity in its political 
institutions. They therefore embraced in their law provisions for 
the protection of all classes, however obscure and remote from the 
notice of the local Government, for the control of that undue in- 
fluence which mere wealth and density of population would, other- 
wise, have exercised, and for the gradual enlargement «f the repre- 
sentative body as the constituency should itself increase. 

1 cannot suppose that a gentleman who has taken so active a 
part in the affairs of the Province as has fallen to th'e share of Mr. 
Mackenzie, should have been really unapprised of considerations 
60 familiar to every man acquainted with the subject as these to 
which I have adverted, though us a controversial writer he may 
perhaps have not consulted ill for the momentary success of this 
argument, in suppressing- all allusion to them. 

I proceed to the next objection which Mr. Mackenzie has made 
to the Act of 1820, which, in his own language is, that it created a 
* borough interest." In hss invidious terms the fact appears to bo 
That it gave one member to every town in which the Quarter Ses- 
sions Of the District might be holden, and which contained, at least, 
one thousand inhabitants. Those towns were, therefore, placed in 
precisely the same predicament as the counties of the Province. — 
Now if Mr. Mackenzie's principle, that wealth is the proper crite- 
rion, be just, this civic representation was wisely established, for it 
can scarcely be denied that one thousand persons inhabiting the 
same town will, generally, be the proprietors of a larger collective 
capital than a rural population of the same extent. If the princi- 
ple of numbers be correctly assumed by Mr. Mackenzie, then, also, 
it follows that the Towns were rightly enfranchised, since it is in 
the Towns that the most rapid enlargement of population usually 
takes place, and 3ince if members had been refused to them on the 
ground of paucity of numbers a similar refusal must have been ex- 
tended to ail the newly settled counties. But I greatly understate 
the a rgurnent.A town possessing a thousand inhabitants will yield 
a much larger number of actual voters than a county equally popu. 
lous, supposing the qualification to be, in either case, of equal 
amount. In the one case the franchise is exercrcised with the 
greatest facility, and in the other at an expense of time and labour 
which, comparatively, few will incur. Nor can I forget that, in 
every part of the world, civic population is more intelligent & more 
disposed to watch over public subjects, than a rural population of 
equal numbers ; because the first enjoy the constant advantage of 
mutual intercourse, and co-operation in pubhc affairs, of which the 
latter are in a great measure destitute. It is not at all surprising* 
that so enlightened a people as are the great body of the inhabitants 
of Upper Canada should have expressed in very strong terms their 
dissent from the views which Mr. Mackenzie thus «dvocates ; or 
that a people so conspicuous for their zeal for civil liberty should 
be so decidedly opposed, as by their petitions they appear to be, 
to plans which would sacrifice its suostance to a very superficial 
theory. 

Ic is further objected thai the law cf 1820, placed the | 



Dfi9PAT< ::. 

University in i}\t list of constituent bodies, and from t be ic 
. the charter subsequently issued, it is inferred that the University 
was to become what is termed "a nomination borough, undertb* 
especial patronage of the Church and State." I should scarcely 
have anticipated that any man, and least of all a man devoted to 
literary pursuits, would have denied the propriety of giving are- 
presentation to the principal seat of learning in the Province. It 
would be superfluous to expatiate on the importance of institu- 
tions for the education of youth in literature, science and religion, 
especially in a newly settled country, and I am well assured that 
neither in the Council nor Assembly could a single gentleman be 
found who would not gladly receive as a colleague a person re- 
presenting the collective body of literary aud scientific men in 
Upper Canada, or who would not gladly support, by that distin- 
guished honor, the cause of sound learning* 

You will observe that I do not here refer to an University con- 
stituted in the manner proposed by the original charter of incor- 
poration. Every man in Canada, however, knows, nor could Mr= 
Mackenzie have been ignorant, that so far from any anxiety hav- 
ing been felt- by the King's Government to maintain that charter 
against the wishes of the great majority of the people, every pos- 
sible measure has been taken to refer to their representatives the 
decision of the question, in what form and on what principles the 
College should be founded. It is indeed Mr. Mackenzie.s fortune 
to be opposed to a large majority of the House of Assembly: but 
it can scarcely be expected that in deference to any individual, or 
to the small, though respectable, minority for whom he acts, the 
King's Government should entertain the slightest distrust of the 
wisdom or fairness of the resolutions whieh it may be the plea- 
sure of the Assembly to adopt on this or any other subject. 

It is next made the subject of complaint that the law as inter- 
preted by the court of King's Bench entitles the County Mem- 
bers only to wages, and that the efforts of successive houses to 
ensure a certain degree of pecuniary independence to the new 
village representation has been rendered ineffectual by the Legis- 
lative Council. On what grounds the objections of the Council 
may rest I am not distinctly apprised. I might indeed conjecture 
their reason to have been that counties could with difficulty find 
representatives within themselves on other terms, while towns 
will always possess commercial and other inhabitants to whom a 
temporary residence at the seat of government would be attended 
with no inconvenience. I have no right to interfere with the de- 
liberations of the Council, but I am able to signify to you His 
Majesty's pleasure that you should not oppose any objection to 
any law which may be presented for your acceptance, for placing 
the Town aud the County Representatives on the same footing in 
ihis respect. 

It is made a subject of complaint that in the yer.r 1821, at- 
tempts were made first to deprive the land-owners cf the honor of 
assessing themselves to pay their members wages, and secondly 
to establish the right of voting in persons possessing a license for 
the occupation of Crown Lauds without having actually received 
£. grant, and that the last of these schemes was revived 1327. I 



224 Lord Goperich's 

will not pause to investigate the propriety of measures which 
were never carried beyond an ineffectual attempt, li is enough 
forme to know that upon subjects strictly within their cognizance, 
the House of Assembly adopted a decision by which any such 
projects were frustrated. Whether they are well judged or other- 
wise the King's Government are not in any sense responsible tor 
th&m, and the discussisn of public affairs would be utterly inter- 
minable if every unsuccessful motion made several years ago in 
either House of the Provincial Legislature, were to be made the 
subject of censure and inquiry, at any distance of time. 

The remark that various religious bodies are excluded from the 
elective franchise because their members cannot conscientiously 
take an oath, raises a question which well deserves serious consi- 
deration. You will call upon the Law Officers of Upper Canada 
to report what is the law on this subject. You will have the good- 
ness to acquaint me whether you perceive any practical objections 
to placing the various denominations of christians mentioned by 
Mr. Mackenzie on the same footing, in this respect, as the Society 
cf Friends. I shall be happy to introduce a bill into Parliament for 
amending this part of the Constitutional Act of 1791, unless there 
should appear to be some difficulty in that measure which does not 
occur to me at present. 

Mr. Mackenzie then objects to the law which requires that every 
member of the House of Assembly should possess an unincumbered 
estate in land assessed at £&0 or upwards. This regulation he 
attributes to the Officers of the Government. On what grounds 
they are entitled to the credit, or responsible for the discredit of 
having originated this law, does not appear, nor does that question 
seem to myself of much importance. I will not digress into the 
discussion of the great general principle involved in this enact meal. 
Should any bill for the amendment of it be reserved for His Majr-s- 
. ty'e considration, I can only state, that the most careful attention 
will be bestowed upon the subject. 

It is, however, not to be overlooked, that the Government are said 
to have retained in their own hands the possession of all the un- 
cleared territory, that they might thus avail themselves cf the last 
mentioned law, and qualify a favorite whenever it might be deemed 
expedient. I might, perhaps, not unreasonably express my surprise 
that Mr. Mackenzie, acting as the delegate of so many persons in 
Canada, should have passed over in silence the fact that His Ma- 
jesty had been graciously pleased, upon my humble advice, to in- 
terdict the gratuitous disposal of the Crown Lands, and to render 
them all the subject of public competition, to the utter exclusion of 
any such favoritism as is thus deprecated. 

if the law which disqualifies any British subjects from voting at 
elections till the expiration of seven years after their return from 
a residence in a foreign country, be still in force, I subseribe to 
Mr. Mackenzie's opinion, that it cannot be too soon repealed ; and 
you will adopt all constitutional means in your power for promoting 
the repeal of it. On this subject I concur in Mr. Mackenzie's 
reasoning, however much I may be disposed to think that the 
weight . of his arguments would have been enhanced had he con- 
fined himself to the use of language more in accrdance with the 
ordinary tone of official communications than that which he has 
shoaerj to employ. 



Despatch. 225 

I must entirely decline, as perfectly irrelevant to any practical 
question, the enqui ry whether at a comparatively remote period, 
prosecutions against the Editors of newspapers were improperly 
instituted or not. It is needless to look beyond Mr. Mackenzie's 
Journal to be convinced that there is no latitude which the moat 
ardent lover of free discussion ever claimed for such writers, which 
is not enjoyed with perfect impunity in Upper Canada. 

The law of 1813, which prohibited public meetings, is egain 
made a subject of remonstrance, although it was- repealed two 
years afterwards. To what end such complaints are preferred, 1 
am wholly at a loss to surmise. Yet it is not unimportant to re- 
mark, that the Assembly which repealed this Statute was, if I 
mistake not, the same which enacted the election law, and that 
the zeal which they avowedly exhibited for the liberties of the 
people in the one case, is scarcely cons : stent with the imputations 
made by Mr. Mackenzie against their motives in the other. 

It is not a little singular that in the present year 1 should re- 
ceive a lengthened repetition of the complaints upon the alien 
question, which came before me in the year 1827, when I formerly 
held the seals of this department. Mr. Mackenzie describes the 
instructions which I then issued "as jufet and equitable," and as 
having " removed one grand cause of discontent." I do not feel 
therefore, that after the adoption of a measure so characterized, 1 
can be again required to enter upon a detail of the very grievances 
for which it is admitted that an effectual remedy has been provided. 
In following the order adopted by Mr. Mackenzie, J next reech a 
statement that the local government encourage dependent persons 
holding offices at pleasure, and " debarred by the laws or" England 
from being concerned at elections, to use the great influence attend- 
ant upon office, to secure seats in the representative body, in order 
that its voice may be wholly under executive control although," adds 
Mr. Mackenzie, " it is an undoubted truth that the interests of the 
local authorities and those of the colonists are separate and distinct." 
As a writer habitually engaged in. political controversies, Mr. 
Mackenzie may not be fully alive to the injustice of advancing 
charges against the servants of the public, unsupported by distinct 
evidence of their truth ; but it is my duty to refuse credit to such 
imputations as 1 have quoted, unless they should be clearly substan- 
tiated by evidence. For widely as I dissent from the assertion so 
confidently made, that the interests of the local government are dis- 
tinct from those of the inhabilants at large, I admit that an abuse of 
the influence attendant upon office, for the purpose of exercising an 
improper control over elections, would justly expose to the heaviest 
censure those to whom it could with truth be imputed. On this sub. 
ject, however, in the absence of any more definite statements, I can 
only instruct you that His Majesty expects and requires of you nei- 
ther to practice, nor to allow on the part of those who are officially 
subordinate to you, any interference with the right of His Subjects 
to the free and unbiassed choice of their Representatives. 

It is represented that with a view to raise up and multiply the 
friends of arbitrary and exclusive principles, persons in authority, 
in and out of the Assembly, resist all plans of general education, 
and that places of learning are established only for the children of 
those who hold Government offices, and a few other influential and 



2W Lord G :h'$ 

wealthy individuals. It is not easy to repress the expression of 
those* feelings with which I cannot but receive such unworthy im- 
putations upon the character of so many upright and enlightened 
men, unsupported by any proof whatever, except a general refer- 
ference, which I am unable to verify, to a report said to have been 
made on pome occasion by the present Chief Jutsice of the Pro- 
vince, on the case of Mr. Osgood. 

Even asuming, which is most improbable, that Mr. .Robinson 
really obstructs to the utmost of hi.-i power the advance of general 
education and knowledge, from the base motives so lightly imputed 
by Mr. Mackenzie, 1 utterly deny that the King's Government, 
either in this country or in Upper Canada, are responsible for 
the opinion which luv. Robinson may some years ago have advo- 
cated in the House of Assembly. It is, however, not unimportant 
to advert to this subject, because Mr. Mackenzie cannot assert 
more peremptorily than I deny the existence of any such narrow 
and preposterous policy as that of consigning the children of the 
yeomanry to ignorance, lest knowledge should render them in- : 
dependent in action or in though*. On the contrary, there is no 
one object connected with every part of his extensive dominions 
which His Majestj has more at heart than the general diffusion 
of sound knowledge in the legitimate and most enlarged sense of 
that term. This is not merely the first and highest interest of 
society, but is essential to the right use and peacable enjoyment 
of every other civil and social privilege. The Legislature of Up- 
per Canada have already been invited to consider in what man- 
ner the University can be best constituted for the general advan- 
tage of the whole society ; and His Majesty has studiously ab- 
stained from the exercise of his undoubted prerogative of 
founding and endowing litevaiy or religious corporations until he 
should obtain the advice of the Representatives of the people for 
his guidance in that respect. In the same spirit, His Majesty now 
directs me to instruct you to forward to the very utmost extent of 
your lawful authority and influence, every scheme for the exten- 
sion of education amongst the youth of the Province, and espe- 
cially among the poorest and most destitute of their number, 
which ma}' be suggested from any quarter with a reasonable pros- 
pect of promoting that great design. All minor distinctions 
should be merged in a general union for this important end ; and 
that the head of that union, the local government, should be 
found encouraging and guiding, and to the utmost of its power 
assisting all the efforts which may be made to create or to foster 
a taste for intellectual enjoyments and pursuits. A large portion 
of the unappropriated wilderness has already been set apart for 
the purpose If any other system of local assessment, for the 
building of school houses and the maintenance of Teachers, 
should be thought desirable, your assent will of course, be cheer- 
fully given to any such law. Or if the Provincial Legislature 
shpuld be of opinion that such funds would be more advanta- 
geously raised by a general duty, of which they would retain ti 
themselves the specific appropriation from year to year, I should 
hail with the utmost satisfaction the enactment of a statute, of 
thalnature This; however is asubject involving so many and mihiitd 



"details, that i; is of course, impossible ;cc beyond 

ihe expression of a general but most earnest solicitude for the 
furtherance of the i . comprehensive 

sense, in Upper Canada- Confident in your own concurrence, 

ami in that of the members of the Legislature in those views, I 

cheerfully remit to you and to them the office of originating the 

' necessary plans for reducing the general principle into a definite* 

shape, requiring of yourself in the first instance only, that you 
should quicken the attention of the Legislative Council and As- 
sembly to this subject, should you have reason to apprehend that 
it is in danger of being overlooked or forgotten. 

Mr. Mackenzie announces his design to deliver separate papers 
respecting the organization or* the Legislative Council, and, in the 
mean Lime, assails that body with charges in the highest degree de- 
rogating from their character, though too vague ;o admit of any 
precise discussion. Amongst these general charges, I? however, 
find a statement, that the Si Govi nnually supplied itself 

with the revenues of the Province, utterly disregaiding every reso- 
lution of the Assembly, in the tenth Parliament to correct the evil. 
Information even (he adJs) as to the objects to which tiie,people's 
money is applied, is annually refuged; in respect to a groat part of 
the funds of the Colony, by the Colonial Governors, to unanimous 
addresses of successive Assemblies — the Royal Instructions being* 
•the plea of such refusals." To whatever facts the writer may in 
this passage refer, I am happy in an occasion of stating to you, that 
if the Royal Instructions are supposed to fork id the most unreserved 
communication to the House of Assembly of the manner in which 
the public money of the Province, from whatever source derived, 
is expended, such a constnier.ior, is foreign to His Majesty's design, 
There is no portion of the Royal revenue, whether the pioceeds of 
Crown Lands or from whatever other source derived, of the employ- 
ment of which the House of Assembly should not have the most 
ample and particular information which they may at any tjrne think. 
proper to call for. Nothing is to be gained by a concealment upon 
questions of this nature, and a degree of suspicion and prejudice is 
not rarbly excited, which, ho tv ever ill founded, ofi.cn appears in the 
result, to be incurable. 

Mr. Mackenzie condemns the present House of Assembly not 
less vehemently than the local Government and the Legisla- 
tive Council, representing that they were chosen by the people 
in a state of dejection and despondency as to the Reform of 
souses. To sustain his argument he is thus compelled to draw 
a picture of the Canadian character, in which I am confident he 
does His Majesty's subjects, at large, great injustice. I am '.veil 
persuaded that no people on earth are less likely to yield them- 
selves to the unmanly weakness of despairing of the public 
good, and of betraying their own most sacred duties in so pusil- 
lanimous a spirit. And in truth, Mr. Mackenzie must have per- 
suaded himself that a degree of ignorance exists in this country 
respecting the affairs of Canada which would be absolutely ludi- 
crous, if he can really expect credit for ti:e statement that in the 
year 1830, an utter despair of vindicating the public libeni.s« 
taken possession of the mind of the inhabitants. 



228 



<OJUD 



G 



0DKR1CH B 



I deeply regret that in some parts of his papers Mr. Mat 
tie should have left in much obscurity the simple matters of fac^s 
which it might have been really important to consider. Tims he 

speaks of preachers taught to meddle in the political quarrels of 
factions and parties, and of their leaders being " accommodated 
with seats in the political councils of the State, and of the Go- 
vernment keeping in pay apolitical priesthood.*' It would sure- 
ly have been as impressive and more useful to have stated that the 
Bishop and the Archdeacon are both on the list of the Le 
tive Council, but that it is expected of those gentlemen that they 
should altogether abstain from interfeience in any secular matters 
which may be agitated at that board. Whether even under this re- 
striction their holding such seals is really desirable, is a question 
upon which I am fully prepared fo listen with the utmost attention 
to any advice which I may receive from yourself, from the House 
of Assembly, or from any other competent authority. I have no 
solicitude for retaining cither the Bishop or the Archdeacon on the 
list of Councillors, but am, on the contrary, rather pre-disposed to 
the opinion that by resigning their seats they would best consult 
their own personal comfort, and the success of their designs for 
the spiritual good of the people. But any such resignation must 
be voluntary since the office is held for life, and were it other- 
vise, no consideration could induce me to advise His Majesty to 
degrade the Bishop or the Archdeacon from the stations they oc- 
cupy, except upon the most conclusive proof of misconduct. 
But even Mr. Mackenzie does not impute any violation of duty to 
them. With respect to the charge shewing an undue preference 
to preachers of religion belonging to the established churches of 
this country, it is so utterly at variance with the whole course ol 
policy which it has been the object of any despatches to your- 
self to prescribe, that I cannot pause to repel it in any formal 
manner. 

Much complaint is made of tlie expense of elections, and it is 
said that public officers are enabled by their superior affluence to 
overpower by a lavish and corrupt expenditure those who have no 
other recommendation than their personal character. If there 
is the least foundation for this complaint as to the expense of 
elections (which I have not the means of ascertaining) you will 
signify to the Legislative bodies that it is the earnest desire and 
recommendation of His Majesty that every practical method 
should be taken for correcting what would be so great an evil, by 
reducing the cost of elections within the narrowest possible limits. 
— T cannot however omit observing that even if it should turn out 
to be true that the cost of elections is as great as it is represented to 
be, the official return of the civil establishment of the colony sufli- 
cientlyshews that it is quite impossible that the salaries received by 
public servants can enable them to avail themselves of this cucuin 
stance in the manner which has been ailedged. 

Mr. Mackenzie states that an enquiry into the state of the re- 
presentation was instituted by the present House of Assembly on 
his own motion, and he has transcribed the lesolutions adopted 
by the committee, but he adds that "such propositions were not 
suitable to the majority in the present Assembly, »' that the; if 



Despatch 229 

pointed :i new committee which reported that no alterations were 
required in the existing laws, except by giving the County of 
York an additional member, and that on receiving this report, 
ihe House instead of giving York a member took one from it ; 
and as I understand increased the number of members for the 
District of Bathurst. 

It suits the present view of this gentleman to call upon the Exe- 
cutive Government to censure and dissent from the resolutions of 
the representatives of the people, adopted after two solemn enqui- 
ries and supported by a body of Petitioners far exceeding in num- 
bers those for whom he act9. In what language, however, such 
an interference of Government would be denounced by Mr. 
Mackenzie himself on any occasion on which he concurred with 
the majority of the House, it is not difficult to conjecture. It. 
cannot be expected that any decision of the Legislature upon a 
subject of so much general interest as the Election Laws should 
escape without the most vehement and unmeasured censure from 
the parties unfavorably affected by it. Looking, however, not to 
individual but to general-interests, not to the excitement of any 
dissatisfied party, but to permanent principle, I must positively 
refuse upon a question so peculiarly within the cognizance of the 
House of Assembly to place the King's Government in hostility 
with that body. I have every reason to suppose that the course, 
they adopted was wisely taken : and even if I thought otherwise 
their authority would compel me to distrust my own judgment. 

Mr. Mackenzie has concluded this paper by predictions of 
bloodshed and civil war, and a dissolution of the connection be- 
tween Upper Canada and this kingdom. He may well suppose 
that such a prospect would be regarded by His Majesty's Go- 
vernment with a degree of concern and anxiety to which it would 
be difficult to give any adequate expressions. But against gloomy 
prophecies of this nature, every man conversant with public bu- 
siness must learn to fortify his mind. They have ever been the 
resource of those who endeavor to extort from the fears of go- 
vernment concessions, in favour of which no adequate reasons 
eould be urged. I will not adopt the injurious opinions which 
Mr. Mackenzie seems to entertain of the people of Upper Canada. 
I reject ns a libel on that loyal and enlightened race of men, the. 
supposition that they would violate their sworn fidelity to the 
Kins;, and desolate their native land with blood, because His Ma- 
jesty defers to the judgmeaj of His Faithful Commons in Pro- 
vincial Parliament assembled, supported by large bodies of the 
most respectable and numerous petitioners, rather than to the 
opinions of a far less numerous, though probably a highly res-, 
pert able portion of his subjects; I will not for a moment speculate 
Upon the probabilities of such a revolt. It is a subject which it 
would be utterly indecorous to agitate. The people of Upper 
Can I'id have the highest claims to the attachment of their Sov- 
m and of. the British nation; and whatever efforts may be 
m ide to excite di-coments among the-m they will, I am persuaded. 
believe that His Majesty and the Parliament of tltis Kingdom, in 
common with the entice mass of the papulation of Great Britain 
[relaud, cherish towards tliem no otiier sentiments tkan those 
K2 



130 



LOED GODERICI^S 



©f the most profound respect for their constitutional rights, and the 
most earnest desire for their social welfare. In that spirit His 
Majesty's Ministers are, and have ever been, prepared to 
refer to the Provincial Legislature the consideration of every 
question directly or remotely affecting the interests of the Pro- 
vince, and even to anticipate their probable wishes as far as is con- 
sistent with the discharge of those Executive duties which the 
constitution has devolved upon the local government and its vari- 
ous functionaries. I am unconscious of a solitary instance iu 
which my colleagues and myself have sanctioned any attempt to 
derogate from the privileges of the Provincial Legislature or the 
rights of any class of His Majesty's Canadian subjects ; and ia 
the consciousness of having acted under the constant guidance 
of these principles, we can cheerfully appeal to the people at 
large for that just appreciation of the measures of government, 
which, if I could credit Mr. Mackenzie, I might suppose was not 
to be expected. * 

I proceed to the second paper, entitled, "An argument intend- 
ed to shew that it is expedient to dissolve the present Provincial 
Parliament of Upper Canada, and summon a new one." 

After enumerating the various topics embraced in tne former 
paper, Mr. Mackenzie proceeds to state that the metropolitan coun- 
ty condemned the conduct of the majority of the present Assembly ; 
first by his own election in January 1832, and secondly by his elec- 
tion in February last. He adds that the decision of the County of 
Grenville, in rejecting Mr. Jones, and choosing Mr. Norton, testify 
ed their concurrence in his views. For the reasons already ex- 
plained, I must be permitted to believe that the electors for the me- 
tropolitan county, enlightened and worthy of all respect as they 
certainly are, cannot be considered as perfectly impartial judges 
upon the question of representation. Ths proposed change would 
invest them with an influence of which the counties remote from 
the seat of government would have tne strongest reason to com- 
plain—Nor is the voice of the County of Grenville entitled to out- 
weigh the decisions of many others, counties and towns which are 
obviously opposed to it. It is then said that the present House 
should be dissolved " because it is manifest that the great body of 
the people are justly dissatisfied with their proceedings." It is 
easy to make such assertions, but not so easy to substantiate them. 
I must upon such a question give more weight to the recorded opin- 
ions of tho 26,854 persons who have expressed their dissent from 
Mr- Mackenzie's views, than to that gentleman's declaration sup. 
poTted by similar attestations. 

The writer then enumerates various acts of misconduct 
which he attributes to the present Assembly. These are the rejec- 
tion of bills for the regulating of township officers, for education, 
and for amending the jury laws. They also are charged with hav- 
ing granted a permanent civil list without stipulating for the inde- 
pendence of the judges — and this measure is said to have been pass- 
ed both by the Assembly and the Council in an unusual and inde- 
cent haste. Respecting judicial independence, it must have been 
known to Mr. Mackenzie, that without waiting any solicitations 
from the Province, His Majesty had long before the date of this 
paper, directed you to suggest the enactment of a bill for that prir- 



Despatch. 231 

pose. His Majesty would rejoice to give his assent, to 6uch a bilf, 
and doubts not that it will speedily be enacted* • The indeconnm 
haste which ia eaid to have occurred in granting the civil list seems 
to be very harshly ascribed to the House. The King had, without 
any request from them, placed at their disposal the revenues of 
which the law had vested the appropriation in himself; and if in a 
courteous and respectful acknowledgement of so frank a concession, 
the ordinary forms of business were dispensed with, it is surely nei- 
ther wise nor gracious thus to censure a proceeding intended and 
calculated to strengthen the bonds by which the Sovereign and his 
people are happily united. The question of Juries and Township 
Officers are precisely such as to a"dmit an infinite diversity of opi- 
nion respecting each specific measure proposed to the House ; and 
no unprejudiced person would assume that a dissent from his own 
views on such topics implied any failure of zeal for the public good. 

This paper proceeds to accumulate a body of charges against 
the Assembly, into the justice of which it is utterly impossibt* 
that I should enter. Whether their appropriations of public mo- 
ney have been prudent — whether Mr. Fvlackeuzie himself was pro- 
perly expelled — whether a reduction of fees ought to have bee??, 
made— whether the term "misguided individual" was correctly 
applied to Mr. Mackenzie and others, in the address to His Ma- 
jesty, are topics on which I conceive it to be the duty of the 
King's Government rather to defer to the judgment of a body en- 
joying the most extensive means of local information than to oppos* 
to them conjectural opinions of their own. 

The same conclusion is next urged on the ground of the angiy 
and excited state of the public mind. I should have thought 
that, assuming the accuracy of this statement, anger and excite- 
meut were precisely those tempers of mind in which men would 
be least qualified to exercise a wise and dispassionate judgment on. 
the great question which it is proposed to refer to their determi- 
nation,. 

The recent dissolution of Parliament in this kingdom is quo^ 
ted as a precedent in favor of a simil.ir proceeding in Upper Cana- 
da. I will not discuss the accuracy of the analogy of which it is 
thus attempted to draw between the two cases ; but content my- 
self with saying that I believe no impartial man will deny that no 
real similarity exists between them. However well adapted such 
a topic may be for popular effect it would be at variance with all 
•bound principles to accept it as a ground for a great political mea- 
sure. 

Mr. Mackenzie appears to have foreseen that a very numerous; 
body of petitioners would protest against bis recommendations. — = 
It is satisfactory to find that in his attempt to repel their effect by 
anticipation, he has no specific statement to make or argument 
to urge, but that in his opinion, such petitioners would shew " th» 
foihes of the advisers of the government, and their own inexpe- 
perience." — With what propriety " folly" is thus freely attributed 
to more than 26,000 persons, or " inexperience" to those who ara 
m the same breath condemned for having exercised an improper 
authority from the very infancy of the province : it; were needles* 
fef tn« f o state. 



232 



Lord Godekk u V 



The House iheniselves, it appears, refused to eoncui in an 
address lor their own dissolution. In favor of the motion, eighteen 
members voted, and twenty-seven against it. The two parties 
it is said each representing populations numerically equal. JJut 
it is added that nineteen pf the majority were persons holding 
offices or places at the pleasure of the Crown. Upon what grounds 
Mr. Mackenzie makes this assertion I aril at a loss to conjecture. 
I have before me a list of the majority who voted upon the occa- 
sion referred to, and on comparing it with the annual return of 
the civil establishment of the colony for 1830, I cannot discover 
that it includes more than six gentlemen holding any public em- 
ployment. Of these six, one fills a situation of which the emo- 
lument is little more than nominal, being only £{) a year — of the 
remaining five, two are the law officers of the crown, whom I pre- 
sume Mr. Mackenzie can scarcely hold it to be desirable to ex- 
clude from the Assembly. If it could be shown that the Crown 
really possessed an undue influence in the Provincial Legislature, 
His Majesty would not hesitate to assent to any law which might 
be passed for the purpose of limitingthe number of persons hold- 
ing offices at pleasure who should be permitted at one time to sit 
there. I cannot however believe that any such undue influence 
could possibly be exercised. The popular system of election 
which exists in Upper Canada, would enable the inhabitants spee- 
dily to dismiss from the Assembly any representative who might 
be capable of betraying his duty to his constituents by supporting 
a line of policy, injurious to their interests, for so paltry a consi- 
deration as j£50 or £60 a year, which seems to be the amount 
received by some of the persons to whose presence in the Assem- 
bly Mr Mackenzie objects. If the majority of the electors of 
any town or county think fit to return as their representative a 
gentleman who is in the public service, this only proves that the 
general policy of the Government by which he is employed, is in 
their opinion entitled to approbation ; nor if so, can 1 see the 
slightest objection to such a choice : on the contrary I think the 
presence in the Assembly of a certain number of gentlemen hold- 
ing official situations, and able to explain the views and objects of 
the Government on the different subjects which come under dis- 
cussion, is calculated very much to promote the public interest. 

Mr. Mackenzie further contends that the petitions of which lie 
is the bearer should be credited as expressive of the general opi- 
nion of the Province, because they accord with the votes of the 
House of Assembly of Lower Canada — because they are in har- 
mony with the views of the last Assembly of Upper Canada — be- 
cause this present Assembly has vacillated in some of its measures, 
because the present House has sanctioned resolutions, bills and ad- 
dresses, negatived by the Council or rendered ineffectual by your- 
self — because they correspond »vith the petitions presented to the 
House — because they are in coincidence with certain petitions ap- 
proved by the Assembly in 1828 — with others presented to the 
House of Commons in 1831 — and with another address to your- 
self in December last ; and finally because they aie supported by s 
mass of farts and testimony. 



Despatch, 233 

These statements do not, as far as I perceive, invalidate th© 
inference winch I am bound to draw from the facts that Mr. 
Mackenzie and his constituents are opposed by a body of petitioners 
who very greatly outnumber themselves : desirous to attribute to 
popular opinion, when deliberately formed and calmly expressed, 
the weight which it is indeed impossible to deny it, I am by that 
very consideration compelled to believe that in acceding to the 
prayer for a dissolution of the House, His Majesty would be acting 
not in consonance with the judgment of the people s but in opposi- 
tion to it. I must believe myself better informed than Mr. Mac- 
kenzie, respecting the affairs of Lower Canada, as I have much 
more ample sources of information, and I therelbre deny that the 
eases of the two Provinces are so parallel, or alike, that the resolu- 
tions adopted in the one could, with any propriety, be transferred 
to the circumstances of the other. I cannot assume that the ninth 
Provincial Assembly, were it now sitting, would regain the opinions 
it held in a former and d.fferent period. The changes of opinion in 
the present House of Assembly rather prove that that body are at- 
tentive to the wishes of their constituents than the reverse, and 
certainly afford no argument to shew that they have iost the public 
confidence. The ** facts," and the ; ' testimonies" to which refer- 
ence is made, I have considered in the former part of this Des- 
patch. 

The dissolution of the House is again urged upon His Majesty, 
because the same principle of extending the representation to 
meet the increase of the population was recognized in the Lower 
Canada bill of 18*29 — because His Majesty assented to a reformed 
representation in this country — because it is desirable to conciliate 
me people of Upper Canada — because the Canada Committee of 
1828, advised a conciliatory and constitutional system of Govern- 
ment to be observed in the Canadas: and because Mr. Hume has, 
on some occasion, which is not explained, excited expectations in 
the Province which the refusal of a dissolution woujd disappoint. 

I answer that for whatever language Mr. Hume may have 'em- 
ployed, that gentleman alone is responsible; and His Majesty's 
Government cannot be called upon to answer for any disappoint- 
ment which they may have had no share in producing. I further 
answer that the advice to conciliate the Canadas by a constitutional 
system of Government, has been constantly borne in mind, by my 
colleagues and myself: but that I know not what principle of the 
constitution calls upon us to advise His Majesty to oppose the de- 
cided voice of the House ol Assembly, and the voice of the great 
apparent majority of the people. 

To retain their affections is the great object of His Majesty's 
policy : but how am I to suppose that this object would be promot- 
ed by thwarting the declared wishes of so preponderating a majori- 
ty of theiu ? The Royal Assent to the Reform Bill in this king- 
dom, proceeded on no principle which could be applied to the pre - 
sent question ; and the reference to Lower Canada and the Elec- 
tion Law of that Province of 1829, proves only how very imperfect- 
ly Mr. Mackenzie is acquainted with the real history of that law. 
I have thug pursued the two first papers laid before me by Mr. 
Mackenzie in the moat ample detail. If it should occur to ycu 
! attach to Ihem more importance than can be fairly ciaim6d 



23 i 



Address or 



for the views of a single man writing under the irritation of per- 
sonal resentment, 1 would reply that I have always felt Jt 10 be 
my duty to consider any representation which may be laid before 
me upon important public questions, with reference to the intrinsic 
rrerits of the questions themselves rather than to any matter person, 
al to the individual from whom they may immediately proceed ; 
and in this case I have received these documents from Mr. Mac- 
kenzie, not merely as expressing his own opinion, but alao as ex- 
planatory of the views of those who have deputed him to represent 
what they consider their grievances to His Majesty. To them the 
utmost possible respect is due * and although they have not suc- 
seeded in satisfying me that their opinions are right and their 
views correct, I have been anxious at least to prove that they had 
undergone the most careful scrutiny which it was in my power 
to bestow upon them. The only object which His Majesty's Go- 
vernment can have in view is the improvement and welfare ef the 
Province ; and it is highly gratifying for them to believe, from all 
accounts which reach this country* that whilst upon some questions 
of internal policy* and the slate of the law, in certain respect^* dif. 
ferences of opinion may preval, the prosperity of the Province 
!9 rapidly advancing in a manner calculated to draw closer the 
bonds of attachment by which the people are united to the Mo- 
ther Country. It is the duty of His Majesty's Government at 
home, and of His Representative in the Province, to keep those 
great objects steadily in view, relying with confidence upon the 
good sense, the right feelings and the warm loyalty of the peo- 
ple at large. It is by such a course that errors may best be 
amended, imperfections removed* abuses corrected, and all the 
sources of public good developed and enlarged. 

Having written this despatch with a view to publicity, you 
Iiave my authority to make it public in whatever manner you. 
s&ay think most convenient. 

I have the honor to. be* 
Sir, 

Your most obedient Servant, 



Major General 

Sir Joh:? Coldorne, K. C. B. 
ecc &c. &c. 



GODEmCH, 



No. 79. 



€o]iy of a Despatch frwm Major General Sir Jouy Colborpb^ 
fo Viscount Godetuch, enclosing Addresses from the Legisla- 
tive Council and House of Assembly. 

Or feb Canada, ? 

York, \§th February, 163o. £ 
My Lord. 

I have the honour to acquaint Your Lordship, that 
being persuaded murh inconreotence must arise from delaying 



Legislative Council. 2S6 

to promulgate Your Lordships' Despatch of ths 8th November 
last, I took an early opportunity of laying this Despatch and ths 
voluminous Documents to which it referred before the Legisla- 
tive Council and House of Assembly. 

The documents were the occasion of a very angry discussioa 
in both Houses ; and I beg leave to transmit to your Lordship, 
the accompanying Addresses which I have received, respecting 
the several allusions in your Lordship's observations, which ths 
two Houses have considered themselves called on to notice. 

Under the circumstances of the case, and with reference to th» 
petitions carried home by Mr. Mackenzie, having been received 
by the House of Assembly last Session, I have no doubt that 
Your Lordship will approve of the course which I have pursued 
m giving publicity to Your Lordship's Despatch. 
1 have, &c. 

(Signed) J. COLBORNE, 



No. 80. 

To His Excellency Sir John Colbornr, Knight, 
Commander of the Most Honourable Military 
Order of the Bath, Lieutenant Governor of the 
Province of Upper Canada, and Major Gent- 
ral Commanding His Majesty's Forres therein^ 
SfC, fyc, Sfc. 

May it please Your Excellency i 

We, His Majesty's dutiful and loyal subjects, the Le- 
gislative Council of Upper Canada, in Provincial Parliament as- 
sembled, beg leave to express our thanks to Your Excellency for 
laying before us an original despatch, written to Your Excellency 
by the Right Honourable the Secretary of State for the Colonies, 
on the 8th of November last, containing his Lordship's observa- 
tions at great length, upon a variety of statements made to him by 
Mr. VV. L. Mackenzie, an inhabitant of this town. Having per- 
used this Despatch, we comply with your Excellency's desire in 
returning it to your Excellency, taking it for granted that the 
only reason for laying it before the Legislative Council was the 
direction contained in the Despatch that it should receive publi- 
city 

The statements upon which these comments have been framed 
have also been laid before us by your Excellency; but without 
entering into any particular consideration of their contents, w T ith 
which the Council had little desire to become acquainted, enough 
appears in the tenor of his Lordship's observations, to make it 
manifest that those statements have been made with a very Unu- 
sual disregard of truth, and in a spirit of wan ton and intemperate 
hostility to the Legislative and Executive authorities in this Pro- 
vince. If sufficient internal evidence of this character did not 



236 Address of 

present itself to His Majesty's Secretary of State, in all suci> 
parts of those documents as relate to the affairs of this Colony we 
must infer, fiom the observations of his Lordship, that it was 
abundantly displayed in the principles, motives and conduct as- 
cribed to His Majesty's Ministers in England, upon which his 
Lordship has necessarily the means of forming a correct 
opinion. 

We cannot say that it may not possibly give satisfaction to 
some persons in this Province to observe the condescending and 
respectful manner in which representations of so peculiar a des- 
cription, proceeding from an individual, have been received ami 
replied to, notwithstanding it was evident they were outrageous- 
ly insulting to all the constituted authorities of this Colony, ami 
scarcely less so to the people at Targe, in imputing to them sen- 
timents and feelings by which they never have been, and we are 
convinced never will be, actuated. It is not in the nature of 
things, however, that the Legislative Council, or that any portion 
of the people in this Province, of sound hearts and understand- 
ings, having the truth under their view, can regard such state- 
ments, as compose Mr. Mackenzie's voluminous correspondence 
with His Majesty's Secretary of State, in any other manner than 
with the most unqualified contempt, a contempt which, upon 
every principle on which character is acquired or lost, we think 
it must be more conducive to the public interests and honor, and 
to all the ends of good government to avow than to disclaim ; 
so far, therefore, as the despatch of His Majesty's Secretary of 
State is to be considered as a reply to those statements, or as a 
commentary upon information derived from the same source, 
we cannot regard it as calling for the serious attention of the Le- 
gislative Council ; but it is scarcely necessary to say, that in any 
other point of view, this expression of the sentiments of ITis Ma- 
jesty's Government upon several of the matters discussed by his 
Lordship, must be received by us with the greatest interest. 
Upon some of these matters it may become the duty of the 
Legislative Council to address themselves respectfully to their 
Gracious Sovereign, because they deeply concern the permanent 
interests of this Province; but we think we shall best consult 
the respect due to the other branches of this Legislature, as well 
as to ourselves, by forbearing to enter into any discussion upon 
them in connection with these documents. 

We appeal, however, to the intimate knowledge of this colony 
which Your Excellency has acquired during a residence of four 
years, for a confirmation of our remark, that upon several of the 
questions which in this despatch ate most elaborately discussed, 
no dissatisfaction or difficulty prevails, or ever has prevailed; 1 1 1 : . r 
no person! living here ever heard, or imagined before, thai they 
were seriously. talked of or thought of as grievances; andthal the 
minds of the people are so far from In ing disquieted by them, 
thai if i* probable not a word would be heard upon lliem in na- 
veiling from one extremity of the Province lo the other, and iu 
mingling with its iudustiious population throughout every por- 
tion »>f it. We appeal also to "i our 1 !x< ellem v for h < oi 
tion cf the statement, that from the day on tfhich the audio -i 



Legislative Council. 237 

tfcosi - te piesrnt hour, the 

uudahave pursued their avocations as cont«nt- 

edly and as happily, with as kind and liberal a confidence in the 

ictful a submission to the 

ighoat thesame period in any 

part of t!:e dominions i pting ihe most 

county that could b3 pointed out in either of the United 

Ki 

It cannot but be highly gratifying to the Legislative Council to 
observe ho rnment estimates the stn- 

iud ardent attachment which binds the great body of this 
people to the person and government of their Sovereign, and to the 
constitution under which they live. It would indeed be lolly to- 
expect, that in so large a population, there may not, at any time 
be found some individuals who desire to disturb the existing order 
of things, from the same motives, and for the same purposes, 
which have prompted to similar attempts in all ages and couu- 
and under all forms of government. 
And it is not strange that there should be, among 300,000 per- 
sons, a very considerable number who, from a want of informa- 
tion, or of sufficient reflection, or from dispositions unfavorable to 
candid inquiry, may be too easily deceived, and brought to unite,, 
for a time, in measures which they would not and could not ap- 
prove of, if the truth could be brought clearly under their view. 
But in respect to our fellow subjects in Upper Canada, speaking of 
them collectively as a people, we do them sincerely the justice to 
believe, that it is not necessary to conciliate their good will by 
overlooking, upon any occasion, the broadly marked distinctions 
between truth and intentional mistatemeot, between honor and 
dishonor, patriotism and sedition. 
Upon the manner in which His Majesty's government might choose 
to notice the petitions of any number of the inhabitants of this Pro-v 
vince upon public or private grievances, expressed, as we must 
cone' would be, in the ordinary language of serious re- 

monstrance or complaint, it would be presumptuous in us to offer 
any remark : but the documents before us are the productions of 
dividual, supplied and reasoned upon as matters of informa- 
npon the general policy of this government, and the conduct 
5rs; and they consist, ia a great measure, of extracts 
from articles that have, from time to time, appeared in the columns 
of a newspaper, and which cast unmerited insults upon the repre- 
sentative of His Majesty in this Province, upon both branches of 
o members of each House individually and by 
name, aud upon some of the most worthy and irreproachable hi- 
nts of the country. These strung together with little order 
or connection, and bearing upon the face of them the most palpa- 
ble marks of a reckless mind, have been unscrupulously thrown 
Government, in disregard of the respect due 
fo the high authority to which they were addressed, and in viola- 
tion of the official form and decorum which constitute ia general 
some protection ibuse. 

It has been painful to th ■ Legislative Council to see, that in a 
s documents, the office of Lieuten- 
L3 



238 Address of 

ant Governor of this Province, and the names of some of the most 
responsible of the King's servants, are even hypothetical]? con- 
nected with imputations, which no one can easily tolerate to find 
associated with his name. 

We confess it has Eot been without some degree of alarm, that 
v.e have observed the great stress laid by His Majesty's Secretary 
of State, in the course of his discussions, upon the fact, that the 
petitioners, who, it seems, have supported by their signatures 
some of the statements advanced by .Mr. Mackenzie, are very much 
outnumbered by the signers ot petitions avowing opposite opinions. 
The Provinces of Canada are a most valuable portion of the Bri- 
tish Empire, and their rapidly growing importance well justifies 
rhe anxious interest, and the minute attention, with which the 
welfare and the wishes of their people are consulted by our pater- 
nal Government ; but for the sake of the very numerous popula- 
tion which now inhabits this portion of the King's dominions, and 
for the sake of the millions, who, at no distant period, will be 
comprehended within their limits, we earnestly hope, that the 
stability of those institutions upon which our social happiness de- 
pends, is so far secure, that there are some points which, from 
their vital importance, will be firmly and inflexibly maintained, 
and for reasons more satisfactory and conclusive than an acci- 
dental preponderance in the number of petitioners on one side or 
the other; and that the Government of our mother country will 
feel it to be an indispensible duty to uphold them with constancy 
against any unfounded prejudice or complaint, however supported. 
The Legislative Cor.ncil feel it right also in candour to declare to 
vour Excellency, that they have perceived in various parts of his 
Lordship's despatch, and not without extreme regret, that to the 
complaints urged against the Executive Government of this Co- 
lony, and its officers, charging them with actual misconduct, or 
with culpable indifference to the interest of the Colony and the 
happiness of its people, it seems to have been thought material, 
if not satisfactory, to reply in substance, that if indeed such im- 
putations could be truly made, no blame can attach to His Ma- 
jesty's Government in England, either because these abuses oc- 
curred in times that are past, or because the responsibility rest* 
wholly with the persons inculpated ; and in some instances a de- 
gree of color is given to the complaint, by an express direction to- 
your Excellency not to practise or to suffer any such abuse in 
future, or to give your utmost attention to the particular subject 
in discussion, which it might from thence be supposed has thus 
been brought, for the first time, under the attention of His Ma- 
jesty's Government. 

The Legislative Council trust they may be permitted to re- 
mark, that if the many faithful subjects of His Majesty in this coun- 
try, whose knowledge of the truth, and whose sentiments led them 
justly to appreciate the acts and intentions of His Majesty's Gov- 
ernment, had always contented themselves with vindicating them 
in the same sn:rit against aspersions unsupported by evidence, and 
advanced for tie role purpose of weakening the respect which 
shnu'd be felt for them, there might have been found somewhat Jess 
ifidence in th( ment of the Mother Country, which 



Legislative Council. 23$* 

eyory good man has felt it to be his duty to maintain and cherish. 
And they cannot but think it much to he dqplored, that on some 
most interesting public questions, whatever the Government and the 
Legislature of this Colony have done, and are doing, in the zealous 
discharge of their duty, seems to have been unfortunately 1'or the 
time lost sight of, so much as to leave ground for the inference, that 
it was necessary to quicken attention even to the obvious duty of 
promoting the religious and moral instruction of the people, by en- 
forcing the suggestions of an individual, who unhappily employs the 
education he has received in misleading public opinion, and in sow- 
ing discontent among a happy and loyal people. We have not 
failed to remark, that in the observations which His Majesty's Se- 
cretary of State has made upon the subject of the Legislative Coun- 
cil, it seems not to have been present, at the moment, to his Lord- 
ship's recollection, although it must, of course, have been familiarly 
known to his Lordship, that that branch of the Legislature is not 
composed here, as in many chartered governments, of the same 
body which constitutes the Executive Council of the Governor. — 
It is therefore, as we most respectfully suggest, not accurately spo- 
ken of as a Board, being in fact a deliberate assembJ} T , distinct from 
the Executive department, constituted by a British Act of Parlia- 
ment, and composed of members from various districts of the Pro- 
vince who hold their office for life, whose duties are exclusively Le- 
gislative, and in which all that is done is openly and publicly dis- 
cussed, and proceeded in according to the same formalities as are 
observed in the representative branch of the Legislature. Lender 
this constitution which created and preserves then an independent 
body, the Legislative Council has, for a long series of years, and for 
many successive parliaments, proceeded in a spirit of perfect har- 
mony with the House of Assembly, with but one interruption, occa- 
sioned by a discussion on a point of privilege, in which each branch 
doubtless maintained those principles which it thought essential to 
its just independence. 

However different may have been the opinions formed in the two 
Houses upon the principles or details of particular measures, neither 
has manifested the inclination to deny to the other the free exercise 
of their judgment upon all questions, and they have constantly pro- 
ceeded in a spirit of cordial co-operation in the advancement of 
objects and undertakings, by the aid of which this Province is mak- 
ing the most rapid and satisfactory progress, and is attaining to 
great importance as an agricultural and commercial country. It is 
the very intention of our constitution that the several branches of 
the Legislature should act as mutual checks upon each other, in 
order to prevent the too hasty adoption of measures of doubtful ex- 
pediency ; but when this check is interposed and felt, it is not un- 
likely to happen that persons of impatient and impetuous tempers 
lDok thenceforward with an unfavourable eye upon the barrier which 
obstructs the fulfilment of their wishes, and exert unscrupulously 
every effort to undermine or overturn it. 

For a just and steady support against every such attempt, the 
Legislative Council had always relied with a natural nnd habitual 
confidence upon the consideration and prudence of the Parent 
State ; but they confess with pain that this confidence was in some 
degree impaired when they found a committee of the House o£ 



240 Address of 

Common-, a few years ago, in the cour.-e ofai into the af- 

faires of' the Province of Canada, proposing to buch individuals as 
happened to be at band a variety of apparently framed for 

the very purpose of drawing 'for* 

with the manner in whicl Native Councils were constitut- 

ed, and really pressing upon them, ai . to give a sanction by 

their voice to the opinio:!, that the Councils should he rendered 
tive, a change which we ore convinced no portion of the pec, 
this province had even to that moment contemplated, and which we 
venture to say is one of the very la ch any friend to 

the best interests of the.- ire to see adopted. 

To lead, however, to this conclusion, a variety of questions 
were proposed relative to the conduct of the Councils in r 
ing or amending bills, and these were : to individuals in 

no measure responsible for the acts of the Council, nor cc 
lent in any degree to account for or explain them. 

It could not be otherwise than that, by such a proceeding, an 
injury must be inflicted upon the character of the Comic 
which its efficiency might be more o 

certainly not to be desired, and of whicl more 

painful to tins Council from the consciousness that no cone! 
to their prejudice would have been did men, after 

that explanation of their proceedings, \ 

them intelligible, and which . icting the en- 

quiry were wholly without. 

The Legislative Council feel it nect 
after perusing the 

to declare, wi h ointment and regret they perceive 

that in an official cdmmunicati 

public, and which has been elicited by the i 'pre- 

sentation;, alluded to, His Lor ry to 

make expre;< and particular reference to aal members o£ 

the Council, commenting sion to v 

they belong, declaring the line of cond 
Government has enjoined they continue I 

members, and intimating His Loi that they 

«hould resign th« 

lu respect to that part which the mc : to shall 

take in the measures and deliberatio Cuun- 

eil, it is well known to the Coi 

less called for than the injunctiofl whicl 

annouueed, and it is much to be re . >n cf 

this injunction upon such an occasion, and in such a I 
should now render it difficult fi to persen ere in 

a hue of conduct in own inclination and conveni- 

ence had led them, but which they could not f have 

consented to adopt either upon con or upon any other 

suggestion than that of their own judgment. 

"The CouDcil takes this occasion to remonstrate respectfi 



L; 241 

■ - i 

T ! . 
the I. _ - 

Province. . 

E 

honour of . of it 

Th 
in on 

! 

I 
men. . 

be c. 5 appoint- 

ed to the Conn 

- - 

- ten ■ »r that 
he sb 

respi 

- 

Tl: 
tary of £ Despatch that M 

Hum: had c 

>pioion 

ice c : 

i 

I . 

- 

it the 

the ;. 

- 
the f - . - 
reco:: 

discr-: it it. It 
justi;' 

Bog -. - 

id on earth \ 
they enjoy a . 

ptic i 
from burthens 
whet: 

; 
>. ci 
>ei who a: - 

ot' Upper ' happiness must be. 



01 



12 Address op 



The Legislative Council, after a perusal of this despatch of His 
Majesty's Secretary of State, has thus frankly expressed to 

Excellency tiiose sentiments which, if they had forborne to give 
them utterance, must, nevertheless, have remained impressed up- 
on their minds. It is iheir earnest hope that they will not be 
thought to have departed on this occasion of unusual delicacy, from 
that respect to his Majesty's Government of which they are con- 
scious that the Legislative Council has never been unmindful. — 
They do not entertain the thought that a Minister of the Crown 
can ever apply himself to the affairs of this colonywith any other 
wish or intention than to do good, and they recognise in the \o!u- 
minou3 despatch which has been placed before them the most anx- 
ious desire to place in their true point of view some questions to 
which the auction of His Majesty's Government had been called, 
not merely, as the Council is aware, by the representations of an 
individual, but by the petitions of a number of His Majesty's subjects 
in this Province. For the desire thus shown, the Legislative Coun- 
cil can :ot be otherwise than thankful ; and they lament the more, 
that in a document in which an anxiety to allay prejudice is, on the 
whole, so manifest, occasion should have been given for the expres- 
sion of deep regret at the impressions which some of its passages 
are calculated to produce. The Council, with the greatest defer- 
ence to His Majesty's Government, beg further to add, that although 
they are far from thinking that no importance should be attached 
to the respectability of the source from whence information upon 
the public affairs of this colony, or the conduct of its government, 
iq Bought and devised, yet, with respect to various opinions express- 
ed, it would have seemed to the Council to evince a departure from 
all former usages, almost equally to be regretted, to have found His 
Majesty's Government involved in public discussions upon the com- 
position and proceedings of the Legislative Assemblies of this co- 
lony, in consequence of the representations of any one of its most 
respectable inhabitants. 

Your Excellency having transmitted to the Legislative Council 
the despatch and documents referred to, as the only method which 
we feel could have been consistent with the dignity of the govern- 
ment for giving to them the publicity required by His Majesty's 
Minister, we have thought it the more regular and respectful course 
to address to your Excellency our unanimous sentiments upon them 
under the expectation, however, that your Excellency will deem it 
proper to transmit a copy of this Address to His Majesty's Secre- 
tary of State for the Colonies. 



Legislative Council Chamber, ) 
2nd day of February, 1833. \ 



JOHN B. ROBINSON, 
Speaker. 



To His Excellency Str John Coleorxc, J\ night 
Commander of the most Honorable MilHtary 
Order of the JBath, Lieutenant Governor of the 



House of Assembly. 243 

Province of Upper Canada, Major General 
Commanding His Majesty's Forces therein, Sfc. 

May it please Your Excellency: 

We, His Majesty's dutiful and loyal subjects* the Common* 
of Upper Canada, in Provincial Parliament assembled, return our 
thanks for Your Excellency's Message of the twelfth clay of Janu- 
ary last, transmitting" a Despatch of the Right lion, the Secretary 
of State for the Colonies, in answer to certain letters and docu- 
ments addressed to his Lordship for the purpose of proving that the 
peopie of this happy and prosperous Colony are oppressed and bur- 
fchened with grievances, and have become so discontented, that 
there is danger of revolt and bloodshed, unless those alleged bur- 
thens and grieva ices are removed and redressed. 

We most readdy concede that the Noble Secretary of State wag 
actuated by the best motives in framing the Despatch in question ; 
but we cannot refrain from expressing our great regret, that it did 
not occur to his Lordship, that allegations thus deeply affecting the 
character of His Majesty's subjects of Upper Canada, rested on no 
better testimony than that of an individual who had been twice ex- 
pelled this House, and who, in consequence of his having fabricated 
and reiterated libels of the grossest description, had been declared 
unfit and unworthy a seat in the Assembly during the present Par- 
liament. If this fact had occurred to his Lordship, it is reasonable 
to suppose that he would not have felt himself at liberty to recog- 
nise the author of this additional calumny on the people of this 
Province, as the Agent, or as speaking the sentiments of any por- 
tion of the loyal inhabitants of the Province of Upper Canada ; 
and would, therefore, have consideretl it utterly unnecessary to 
enter into so elaborate an examination or refutation of any thing 
advanced by him. 

The House of Assembly are unwilling to occupy Your Excel- 
lency's time or^attention by commenting on the details of the des- 
patch, or on the different matters referred to in it, as constituting 
grounds of complaint on the part of a few of the people of this- 
Province ; they will merely remark, that the remedy for any ills 
alleged to exist, is placed in the hands and is within the constitu- 
tional power of the Legislature of the Colony, and the Noble 
:^ary of State does the people of thii I tee but justice in 

believing " that there are no people on earth who are less likely 
to yield to the unmanly weakness of despairing of the public good, 
and of betraying their most sacred duties in a pusillanimous spirit.'* 

Acting upon principles and feelings diametrically opposite to 
those imputed to them, we are confident that they .vill take care to 
exercise their rights as freemen and British subjects in such a man- 
ner as will ensure the election of representatives, who will main- 
tain our ex< '' " "' ' trd our rights, and with the con- 
currence of the other branches of the Legislature, adopt such mea- 
sures as may appear necessary for removing any just grounds of 
complaint. 

[Signed] ARCH. McLEAN, Speaker. 
Commons House of Assembly, ) 
Oih day of February, 1833. £ 



244 Addresses. 

No. 81. 
C 

Address to His Majesty from the inhabitants of Lennox 
and Addingtun. 

To the King's most Excellent Majesty, 

Most Gracious Sovereign : 

We, Your Majesty's dutiful and loyal subjects, 
inhabitants of the counties of Lennox and Addington, in the Mid- 
land District, and Province of Upper Canada, beg leave humbly 
and respectfully to tender our most hearty and sincere thanks to 
Your Majesty, for the consideration which Your Majesty has been 
pleased to bestow upon the representations and petitions of Your 
Majesty's subjects in this Province, as evinced by the despatch of 
Lord Goderich, Your Majesty's Secretary of State for the Colo- 
nies, dated 8th November, 1832, and transmitted by His Excellen- 
cy the Lieutenant Governor Sir John Colborne, to the House of 
Assembly, during the recent session of our Provincial Parliament. 
Trusting, as we do, that the paternal care manifested in that 
despatch, and a free, unrestrained and direct communication 
between Your Majesty's Government and the people of 
Upper Canada, will be the means of perpetuating the bonds of 
loyalty, affection and gratitude which bind us to Your Majesty's 
person and government, and believing that the various measures 
of reform mentioned in the despatbh, many of which have long 
been most anxiously desired by a large majority of the people of 
this Province, if adopted, cannot fail to render Your Majesty's 
faithful subjects more prosperous, contented and happy. 
(Signed) HENRY LASHER, 

(And 1604 other signatures.) 



No. 82. 

Address to II ls Majesty from the inhabitants of Cobourg, 

To the King's Most Excellent Majesty, 

May it please Your Majesty : 

We Your Majesty's dutiful and loyal subjects of 
the Town of Cobourg and its vicinity, beg leave to renew the 
pledges of our fidelity and loyal attachment to Your Majesty's 
person and government, and to express oar unfeigned gratitude 
for the interest Your Majesty his always taken in the welfare of 
this Province, and especially for Your Majesty's benevolent con- 
currence in the liber dons contained in the despatch of 
Your Majesty's < ' ■ :tary, the Right Honorable Lord 
Viscount Goderich, bearing iate the 'last. 



Grievances in Upper Canada. 543 

It has occasioned no less surprise than regret, that thiswise ni J 

conciliatory act of Your Majesty's Government, which reflects the 
highest honor on their justice and liberality, and which has called 
forth the grateful feelings of Your Majesty's loyal subjects in Up- 
per Canada', has not been met with corresponding sentiments by 
our local legislature. 

We owe it to iTour Majesty, and to Your Majesty's Govern- 
ment, as well as to ourselves, to give our unhesitating assurance, 
that the sentiments of gratitude thus conveyed are in common 
with those ot the great body of the people, and that Your Majes- 
ty's condescending kindness has thereby strengthened the bond 
which unites both countries together. 

That Y r our Majesty will continue to pay a paternal regard to 
the just complaints of Your Majesty's Canadian subjects, and 
that Your Majesty's Government will always consult the prospe- 
rity and happiness of the province we confidently anticipate ; 
and we pray that Your Majesty may long reign over a prosperous, 
happy and united people. 

(Signed) GEO. BOSWELL, 

(And 595 other signatures.) 



No. 83. 
tapper Caiiada JLegmlaiurk. 

RE TURN to an Address to His Mhj&ty, dated 6 Feb. 
1833 i— for, 

RETURNS of the Names of the Members of the Legisla- 
tive and Executive Councils and House of Assembly 
of Upper and Lower Canada, on the 1st July 1832 ; stat- 
ing the various Offices, Employments and Public Situations 
each of them held under the British and Colonial Govern- 
ments, Clerical and Lay ; with an Account of the Pay, the 
Salaries, the Allowances and the Amount of all Fee3 or 
other Emoluments received by each for each Office; show- 
ing also, whether any, and if so. what Half-pay, Pension, 
Superanuated or Retired Allowance each receives, and for 
what Office or Situation, and the Aggregate Amount received 
by each in the year for all sueh offices or Employments ; and 
stating the dates of Appointment to each Office, Emp]6}'ment 
and Situation, the Authority by which appointed, and the 
Tenure by which held; also, whether there are any duties to 
be performed, and whether the duties of those Offices are 
performed wholly in Person or by Deputy or Deputies, and 
what Pav, Allowance, Fees or Emoluments each of inch 
M2 



246 



Return. 



Deputies receives, and whether paid by the Principa 

*he Office or by the Government or other Funds, or by 
Fops, and how much by each ; showing also from what 
Funds, British or &olonial, any and all of tho Pay, Pen- 
sion, Superannuated or other Allowances and Emoluments 
are paid : — Also, A Return of all Grants of Land or other 
Public Property made at any time by the British Govern-, 
raent, or the Governments of Upper and Lower Canada, 
to any of the Members of those Councils or Houses of 
Assembly, or to any of their children, stating the date and 
extent of each such Grant. 

A RETURN of the Titles of all Bills of a Public or 
General character, which, having originated in the Houses 
of Assembly of Upper and Lower Canada during any of 
their ten last Legislative Sessions, were rejected or declined 
to be acted upon by the Legislative Councils of those Colo- 
nies; or which, having been so sent up, were altered by 
the Legislative Councils so as to cause their subsequent re- 
jection in the House whence they originated ; or which 
having originated in, and been passed by the Legislative 
Council, were afterwards rejected by the Assembly ; stating 
also the Titles of any Bills, which having been passed 
in the Legislative Council and Assembly of either Prov- 
ince have been refused His Majesty's Sanction. 

(SO FAR AS RELATES TO UPPER CANADA.) 

R, W. HAY 

Colonial Department, Downing Street, ) 
1 June, 1833. j 

(Mr. Hume.) 

Ordered, by the House of Commons* to be Printed, 
25 June, 1833. 



LIST. 

1,—Letter from Lieutenant Governor Sir John Colborne to 
the Right Hon. Lord Viscount Godench, dated 28 March, 
1833. 

2, — A Return of the Names of the Members of the Legis- 
lative and Executive Councils and House of Assembly, 



Return 247 

the 1st oi July, 1882, stating t lie various Offices, Em 
ployments.and Public Situations cadi of them held under 
the British and Colonial Governments. 

3. — List of the Titles of all Bills of a Public or General 
character, which, having originated in the House oi' As- 
sembly during the ten last Legislative Sessions, were 
rejected or declined to be acted upon by the Legislative 
Council so as to cause their subsequent rejection in the 
House whence they originated ; or winch having origi- 
nated in, and been passed by the Legislative Council, 
were afterwards rejected by the Assembly: — Also, oi 
the Titles of Bills, which having been passed in the Le- 
gislative Council and Assembly have been refused His 
Majesty's sanction. 



Upper Caamda Legislature. 



(1.) — Letter from Lieutenant Governor .^ir John Colborn 
to the Right Hon. Viscount Goderick. 



Upper Canada, York, 28th March, 1833. 

My Lord. 

With reference to Your Lordships Despatch of 
the 20th August last, I have the honour to forward the ac- 
companying Returns, containing the information requested in 
the Address to the King from the House of Commons on the 
10th of August; and to observe, that in consequence of the 
delay experienced in procuring- a statement from each Mem- 
ber of the Legislative Council and of the House of Assem- 
bly, of the grants of land received from His Majesty's Gov- 
ernment, this document could not be sooner prepared. 

1 have, &c. 

(Signed) J. COLBORNE, 

The Right Hon. Lord Viscount Godekicii, 
&c. <&,c. &c. 



o. 



8 



RliTi:HN UELATiSt; TO THE 



(2.) A Retuhw of the Members of the Legislative and 
duly, 18o2, stating the various Offices, Employments and 

Co! 



1 Account of Amount of 

Offices, employments and Uie pay, sola- Hall' Pay, | 

: 

[auces, and a- uiei 

i ii unl ■ i) 



Public Situations 
Clerical am! Lay, 
held by each member. 



'.^-regale a- 1 

if or A P 

v.aint:,e .'^ ;0 ' , " 



Legislative and Executive 
councii lou3. 



land other for ail >• ln> e > 

Imolumci ts w ;<h<! 

• o r *iti 



' 



James 13 abv, 



John ITGill, - 
Thomas Clark, 



Inspector-general of 
Public Account^ - - 
Executive Councillor, 

jlatc Receiver-general, I 



63 5 
100 



TT»i. Dickson, - - 

Wm. D. PowsJI. \\r.\e Linof Justice, 



;!• 



4.30 



d.i 



715 -. . 

Etcrlii^. 



^;«o .. 

f-U'riii 



( Ju 



Fwbl815 
lCJan.1818 



i GOO • • ..''1000 . . ..-[ Oet.lSIC 



stae.CioekshankjjLite Commissary Gc»*l| 



Jehn Etiachan, 



Archdeacon of York, j 300 



Executive Councillor, 



270 .. 

100 .. 



[President of the Gen, 
i Board of Education. 
Joserh Wells, Executive Councillor, 

{oiirpar of the Univer 
uitv of King's College, 135 •• 
i U. C. Coll. 
Special Receiver of j 
• Forfeited Estates, i 
•mean Cameron [Secretary & Registrar 3 



100 



336 37 6 
Bterling. 



330 .. • 
Btcrling- 



- -I! 
250 .. L 



r 300 ... . - - ) j 
O^oimnutedinlieuofl |j] 
lgOcwttiri£encJe*iL ftee > ' 



SOoUSS! 

1815 



1824 
7 Apl.1831 



1 Jan. 1829 
1830 



1820 
3MaiJ811 



COI IfClLS AND AiSLMLU.Y OF feJpPEB, CANADA. "2 i\f 

Executive Councils and House of Assembly on the 1st 
Public Situations ; each of them held under tht British and. 
Government. 



j Amount ot 1 ay. A SHtonem of all Grams of Land 

.ranees, Fees 01 Proper!* r-cc.ved at 

Whether there are gj™«™ej»s. ea ™|any I me from lie Eritsb Govprnment, 

r bv the Govcinmtuts of l_ 

and the Tenure bv b.-uied, and whet her' £ lie,Uer 1 pn '-,,'- . -l' T Loner Canada, to himself or anj of 



which each appoint- performed wholii 



Principal of the Of- bi . cbildreu . wifll the dale and eitcnt 



■BBtii held. 



Person, or by Depu 
•ty or Peputres. 



tice, or by the Go- oj SBChgwlt . 
vernment or other 
iFundi, British 
Colonial. 



Date of G. 



8ir G. Drummond Various duties, 

Ills MaJBBty'fl Performed in per- 
uiandamu*. 
Jiis Itajesty, 



13 Julv 1797 



vm 



1795 
1798 

1794 
1802 
1808 
1822 

1815 



ajestj'l 



Gran 
TC.D.foWeH, s'i 10 Feb. 1 

1 Dec. , 
1 May 17S8 



23 



D. Powell, j'ri 1 Mar. 
. 27 Mav 



?»fif? Ann Powell.: 
Mr.Gract Pov.eii.. 
z.PowellJ 
MisBiLB.PoweU] 
Mr. Je^ Powell, ; 
Mr. Thos-PowellJ 
Mr. Jojin Powell.- 



2 Dec. 

3 Aug. 
10 . . 

9 Jan. 



1 Mav 



Powell, 24 Sep. 
J v hu Powell, ' 20 J one 



Various du^c= : 
performed in per- 
son 



tts. Majesty, 

Hjc Majesty's 
mandamus, 

Sir P. Maitland, 
His Majesty's 
mandamus, 



Bir P. Maitland, Various duties ; 
Ditto, J performed in per- 

[son. 
Ditto, 

K;? Majesty's Various duties ; 
-formed in per 
a and jtssisteo 
greit seal of tbefbj deputy. 
Province, 
* Tow* L j 



L803 



179" 

J 799 
JtOI 
1798! 



1822 
1:23 



1* 

100 

6.0<H) 

1.200 

2.5C0 

3.000 

200 

400 



31 Dec. 1788 

1804 
20 May 1815. 

28 Feb. 1504 
6 July 1825 
5 Jan. 180JB 

16 Jan. 1816 



I 



,301 



5,5(30 



600 > 2.414J 
1,200 | 
M| J 



400 ) 
800 

1.000 h 

2.000 

300 

1 

POO 

eoo 

700 

l 

200 
40 

560 

400 
1.200 
1.200 

1.200 
1.200 I 

1.200 ! 

um t ; 

EOO 
800 j 

1.200 ; 

i 

£00 

1,200 i 

2,000 



1.200 



1G ; C03 



£150,by warrantJ Jan. 1803 1,-200 

put of the Pterin o Oct. 1825 100 

Eiaj ruud. 9 July 1832' 700 

800 



2,001 



3,202 



1,200 



2,800 



250 



Return relating to the 



! 

Pen 
)9cen, employ neat sa 

. I Icrii al|m< uni "i ;•■ or retii 
and Lav, held by each! and other e-jlowances, & year (or Hil'ernpkijuieut 

offices or em joi situation 



Member. 



inoln 

received by I lice or lilua-jploymentti 

each officii. 



Leg. Sc Executive Councillors — con'd. 

G 11. Maryland, 'Executive Councillor) 
Registrar Kings Col 
'!.-•, - - 

tary &. Receiver 
[Glergy Corporation. 
Secret ary & Treasurer 
JBoard of Education. 

John H. Dunn. Receiver General, - 



William Allan, 



Win. Campbell. 
Peter Robiiibon, 



Charle* Jones, -i 



Late Chief Justice, 
Commissioner of 

Crown Lands, 
Executive Councillor 
Purveyor General of 
Wood's, - 



£ s. d J £ s 
100 .. ..' 
133 .. ..; 
135 . 

90 .. 



d. I £ e. d. 

| 5SeJ^ 

; i 160 i 



James' Gordon, -J 



JohnB. Rcbinsoi:;Chief Justice of tlu 
! Province, 

(Speaker of the Lcg;s 
lative Council, 
Alex. M'DonfceH, [inspector of Shop,) 
Still and Tavern hi- > 
cences, H. District, S 
'Late Asiis'aut Secre- 
jtary, Indian Depart 
;me'ut, D. C. - 
Z Burnham, - 



John Elmeley, - EJseeutive Councillor 
Reduced Lieut. Royal 

Navy, 
A. Baldwin, - - - 

Jno. H. Hamilton! - 
Walter Bos well, ! Commissioner on Half 

jPay, RoynlNavy, - 
Peter Adamson, I Reduced Major," - 
aiues Kerbv, -j Reduced Major, Incor 

jporated Militia, U. C 
John Kerby, - -J - 
James Crooks, -I - - 



500 

100 



500 



1200 sterJ'g 



1300 .. ..! 
I 

360 . ..j 
90 p' cent! 
31 7 A 
fees. 



l.OeOsteg. -Apr*20 



1,200 



1 17 Oct 1525 
; f 1--7 



1,100 



I 
83 3 i) 



91 5 



1,800 ste'g 



COG 11 \\i 

Sterlin. 



("July 1829 



Oct M28 



130 
173 



173 7 6 



..June *16 

- 90 Sep 'CO 
91 5 ..ill Aug '21 



130 .. .. 
173 7 01 



173 7 f 



1814 



Alex. M"Donnell 



Alexander Grant 
Arthur Lloydj 



Bishop of Regiopobt;. 000 



idz< 



Councils and Assembly of UfpEU Canada. j Ij\ 



Amount of Pay, I. Statement of all Grams of I. md 

Allowances, Fees or « rty received m 

Whether there are Emoluments each anj time Ira ithe'Bwtish Government, 

any Dutie.i to be per- Deputy receii ■ indloi > ■. intents >>t Uppei or 

and the Tenure by form ■• I ria . to tumsell or any of 

.■h each appoi triioll) injprincipal of the offlceihis children, with the dale airfl axiest 

by the p>\ ern- of duch grant. 

ment or othei I'und 

British 01 v ilon tl 



Authority : 



_j>02in pei 
ment is held. Person, or by Depn 

Ity or Deputies . 



BisMajesty, - 
Lieut. Governor 

- - Ditto - 

- - Ditto - 
Under Great Seal 
of England, 



Date of Grant tyo 



Various duties 

performed in pet 

[bob 

Duties performed 
in person. 



T)i8 King, under Various duties, 
the Sigh Manual, [performed in per- 

[cion.j 



By Commission 
under f tie Great 
Seal of the Prov- 
ince, 

Colonial Acts, - 



Commander of 
the Forces, U- C. 



His Majesty's 
mandamus, 
Admiralty, 



Tiords Commis 
sianfers of the Ad- 
[miraltj 



Duties performed 
in person. 

Duties performed! 
in person, 



Duty perform? 
n person, 



Tteeommendation 
of the British Go- 
vernment- Ap- 
pointment of the 
See of Home, 



■'■■■■ 



W. Oct 1810 

28 Fob. 1818 

5 May 1819 

1 .. 1817 

1801 



12 Nov 1812 
16 Jan 18 Id 

12 July 1320 



16 Feb 1S0S 
9 July 1802 

1818 
1S21 

1313 

1621 

1784 



Duty for some £500 from U- C 
years performed Government, out 
in person, of Canada Com- 

pany's Funds ; 
100/. from the Go- 
vernment of Low 
;r Canada, 



180S 
1824 



1318 
29 Oct 1824 



11 Nov 180G. 



his wife 
1802 

1827 



1320 



2-5 

200 
400 
2-5 



600 

600 
1 .000 
1,200 

tfOO 
1 

800 



1,000 
200 
800 
600 
500 

200 

1,000 

500 

2,000 

1 

100 

1 



400 
300 



1,200 

1,000 

200 
1,000 
1,200 
1,000 

200 
1,200 

800 
1 
1-4 

170 

200 
1,200 
1,200 



200 
1,200 



. 2,200 
1,200 
> 1,001 



£2,003 

h.ioo 



> 1,700 



>2,10? 

TOO 

1,200 

1 1,200 

' 1,000 

! 2,200 

200 

^2,37li 

' 2.400 



200 
1,200 



252 



Return relating to the 



Account on Amount of 

the pay , snla | Half pay, 

|ry and al low- 1 pension, si 

Offices, Employments, aiid.auce.vand a-! perai.unled amount re- Ipointmeut to 

Public Situations^ Clerical mounlof leesior retired a! jceived in thei each office. 



Aggregate j Date of Ap- 



and La\, he! J by each 
Member. 



nd other e lowa.ice, and jear for ?!! lempfojroent 
moltinients ■ for what of- , offices or o"r situation 

received byficeor situa 'employments] 

each officer, lion. 




M- M- Howard, 
Thomas ilorner 



W. B Jams. 



Hsniy Junea. 



scit's and A89J&314M op Upper Canada. 



Avl'«orilv; 
I 



Pay,] A Stat 

■ ea< 
lily Duties . 

. I extent 



performe< 

r by i 

I 



. 









■' - - - 

- 
Pfuvjnce 

. - pal, 



P 



- 

D y I 

» 



I 3 

: . 



?eb; V 



.. - 






- 









arm 



: 



One Deptrty a 
f annain 

rtv/o rect 

f their" 



i 
IP, fi . 



Lieutenant Gov- 
ernor H . 



;■ i' . | . - _ ■ 

■ 
puty. 



- ■ 



DO 'J 



i 

600 
5 
1,000 



200 ; 
200 

: 

] 20 ) 

S90 

509 

-;• ] ] 
too 



-.-• 



I 
s.coo 

6oo 

5,200 



COO 



200 



£00 



2,000 

1,400 
SOO 

1,009 






609 



GrefctSeal of :' 

- 



te eiriblu-i 



Dej ur 

< Beral.of 
British North 
Araerioa- 



:bs*nce [The clerk re- * 
rlcei rc -i - 

,'ormH !>yac!ork I emoluments re-] 

cd by Piinci-j 

pal. | 

N2 



June 3fi2f»! 500 



500 



254 



Returns rei.aT(ng to the 



NAME. 


1 

Offices, employments »«J 
Public Situations, 

Clfiical and Lay, 
ktiil by each member. 


Account oil 
Like pa\ , sain ! 
r.v and allow- 
ances, and a- 
mount st' fees 
and other e- 
looiuments 
received by 
each officer. 

£ 8. d. 


Amount oft 
Half Va>, 1 
Pension su- Aggregate a 
^erannuateri mount recti- 
>r retired al- »ed in the 
lowance, and year lor all 
for what of-' Offices aud 
(ice or situa Eiiiolun.enls. 
lion. 


Daea of k p- 

pomiui.ut Co 
each office, 
Employment 

or Siiuiit.u^. 


Members of Assembly— con'd. 


X. B - d.\ X. a. J. 




Jesse Ketchum, 




- - 


• • - - 


. . 


JobnB Lewis. 






' 


' 


James Lyon, 


- 


:\o Return 


- - i - • 


- - 


Duncan M-Call, 


- - - 


* 


. . ! . . 




Arehd. M-Dor.ald 


. 


■ ' 


- - - - 




Donald ATDonald 


Treasurer Ottawa 
District, 




i 


ma 


Auch'd M'Lean, 


Speaker, House of 

Assembly, 

Registrar, Stormont & 

Dundas, 

Registrar, Surrogate 

Court, 

Clerk 'of the Peace, 


180 .. .. 

74 14 5, 

17 8 .. 

im 3 a 


- j-5rJ2 1 1| 
127 15 ..1 J 

- - >' 


[•■ 

{ lOFeb'lT 

13 Apr. 


Alex. M'Martin, 


Postmaster, . 


6 10 .'. 


- , 8 10 .'. 


I89S 


Allan M'A'ab, 


! 




.-[... 


« . 


Jean E- Macon. 




- - 


• • 


. 


William Morria, 




■ 




• • 


RoBvvell Mount, 






- - . . 


* 


Wrii. H. Memtt, 


Collector of Customs, 

• 


100 .. .. 


V j 


! * * 




Deputy Postmaster, 
St. Catharines ■ 

• 


50 .. .. 


V- - : 150 .. .. 

i 


1. . 


Hiram Norton, 


s 


: - " 




• e 


Peter Perry, 


: . . 


' " - 


■ - j , . 


. . 


Hamnet Pinhoy, 


- - - 




'• • \ • • 


' - 


Robert Randall, 


1 


- 


■•[■•■ 


' ' 


W:i> B.Robinson 




i 


• - 1* . . 

• 


. . 


John P. Roblin, 


! " * ■ 


i . 


- - 

1 " * 


' * 


James H-Saiiibor 


1 - - - 


1 * * 




• • 


Absalom Shade, 


iDeputy Postmaster, 

I 


i is la . . 

j 




12 10 . - 


1824 


Pcler Shaver, 


1 




: 


'"' 





Councils and Assembly of Upper Canada. 255 



Whether "Ik-it ar? 
Autr">r>'j ; mj Dalies tu 

tnd the Teuurc 



Amount of Pay. ^ suaemntoCn Grants ol Lard 

• - (•■. ,:,r l-.-i'Tlr rrroivrj at 
fanolaaeW « racl. l)D . e |>on , |he HrStnl, Gover.iine*', 

er . Deputy receive., A or ( U) , a „ nnmuA of D 
ih-r ?b*°»«J»'? . J > U, r Lower Canada, to himfetl or UJ .- 



^■ticb «irr .. i.i •■•-« — . „ 'ini cunaren, 



Date of Grant <. >'o.of acres | Total 



1804' 200 



♦09 



BOO 

]0 

J 



I 811 



Br me July performed (Deputy receives 

the District at (!>• '';■ Deputy, ulll'eeo- 

Gsneral Quarter 

! of tjia 
Peace • 



I Lieutenant 



IBy Deputy du 
iri.-ig absence ei 
. Principal! 



C Deputy Co Stor-j 

i moot, ToO per 

j j annum, 

; Deputy for Dun-' 

| |das, half gross re-j 

i ceipts,paid wkoHyt 

1 by Principal^ ' j 



Deputy Po»tuias~ 4 Dn " B * * e ab_ Bep**? receives; 
**r GeueraL jaence ol Principaljtlie per centage in ; 

[duty is performed;full| 
Deputy. 



3819 



ten 

1823 



1511 



131 July 1817 
i.-i Dec. 18^0 f 



J< F>2? 



Lieutenant Gov- Duties wholly jThe Deputies re- 19 Feb. 1816] 

[performed by De ceive all the emo- 
Deputy Poatsras-;P atics ' jlumente arising ! 

•er General, fromtbemscharge; 

•of thair duuw. 

i ' : 



800 



€00 
890 



309 



set 



1,40* 



50C 


*0# 


400 


400 


,000 


MM 


500 


500 


200 ■) 





e*>0 




1813 or 1820] 
33 Feb. 1509; 



3 Dec. 1829 
18L»9 f 



Terruty to^Blfr ! By Deputy dnrrogjDepuiy recei 
p.t General, ^ah-ence of the r^ll emolument 

'Principal, 



__jvee 

molumenti. 



1833 



1800 
1830 



1,000 
1,000 

90* 
200 



son > 
soo » 



LOW 



1.0M 



» 



256 



Returns relating to the 



I Account of* Amount ofi 

DflScen, employmc .>n*nt to 

lu'ations, Clencall mount of fee? or retu- 
rn J Lay, held by eac . . <£. yp-ir lor ail j employment 
Member. 

;ion. 



Hugh C Thomson Depot; I CO . 



P. Vankoughnett,' 



Asa Werdcn, 
Reuben White, 



John Wlllson, Inspector of Shop. Still 
l& Innkeepers' Licen 
' ce=>, 

Wm- Wilson, - 



54 



a. x 



£0 



April 1318 



Sach Member of the House of Assembly i: alio .ved the si 



Councils and Assembly or Upper Canada. 267 



.■ there are 

Authority; tie per 

red. an-i whether 






woirb c-\ .scl.il' 



r T.aud 
. ceiTt I -'- 

Ibe British Go-. 
I 
I 

Lbc date and extent 
(Jrant . 



jiy or Deputies. 









Clerk of the 
Cro'.vn, 



IPnty performed 
in persoa, 



!8!5 

1817 
1819 

13 Mar. 
3 Sep. 
j Dec. 



i8ie 



200 

200 

1 



200 

1 

500 



L.eutcr.ar. 1 



Duty performed 1 
in person, 



1806 
1818 



1 \\ 
2ft« i '. 

200 \ 



402 



701 



400 



if., r«r taj rotary 



258 



Titles of Bill? 



(3 )— LIST of the Titles of all Bills of a Public cr^Generrtl cha- 
racter, which, having originated in the Hou?e of Assembly 
during the Ten last Legislative Sessions, were rejected or 
declined to be acted upon by the Legislative Council or 
which having been so sent up, were altered by the Legisla- 
tive Council, so as to cause their subsequent rejection in the 
Hjuse whence they originated ; or which having originated, 
in, and been passed by the Legislative Council, were after- 
wards rejected by the Assembly; also of the Titles of 
Bills which, having been passed in the Legislative Council 
and Assembly, have been refused His Majesty's Sanction. 



Fourth Session, Eighth, Provliciai Parliament. (1624.; 

Titles of Bills originated in the House of Assembly, and rejected by 
the Legislative Council, or declined to be acted upon by that House : 

An Act to repeal pare of, and to amend an Act passed in the 50th 
year of the reign of his late Majesty George the Third, intituied, 
" As Act for granting to His Majesty a duty on Bilii;ird Tables." 
An Act to divide the county of Haltcn, in the Gore District. 
An Act to repeal the 15th clause of an Act passed in the MS::h 
year of his late Majesty's reign, intituled, "An Act for the b^uer 
division of this Prrvmce, and io declare the counties of Lennox 
and Addington separate and independent Counties. " 
An Act to confirm certain Marriages in this Province. 
An Act to authorize Ministers of the Society of Method ists to 
solemnize marriage in this Province. 

An Act to provide fur the erection of the county of Prince Ed- 
ward into a separate District; and for other purposes therein men- 
tioned. 

An Act to amend the laws now in force respecting the Courts of 
Probate, and Surrogate Courts in this Province. 

An Act to repeal part of the sixth clause of an Act passed in the 
second year of His Majesty's reign, chapter third, and also part of 
the 23a clause of vv Act passed in the 38th year of his late Ma- 
jesty's reign, intituled, " An Act for the betterdivision of the Pro- 
vince, and to provide for the better division of the District of New- 
castle." 

An Act to repeal an Act passed in the 44th year of the reign of 
His late Majesty George the Third, intituled, "An Act for the bet- 
ter securing this Province against, all seditious attempts or designs 
to disturb the tranquillity thereof." 

An Act to rcp_u.i part zf and extend the provisions of an Act 
pissed in the 33th year of his late Majesty's reign, intituled, M An 
Act to ascertain and establish on a permanent foo'ing the boundary 
lines of the different Townships of the Province." 

Titles of Bills originated in the House of Assembly, but afterwards 
r -i ;t -cl by that House, by reason of amendments made to them 
hy the Legislative Council : 

An Act to repeal the Laws now in force for the preservation of 



AttRESTED IN TUEIIl PltOGRF.gtf. 259 

ihe Salmon Fishery ia this Province, and to make more effectual 
provision fur a limited time, for the preservation of the said Fishery. 

Titles of Bills originated and passed in the Legislative Council, and 
rejected by the House of Assembly : 

An Act to repeal an Act of Parliament made in England in the 
21st year of the reign of his late Majesty King James the First, in- 
tituled, " An Act to prevent the destroying and murthering of Bas- 
tard Children," and to make other provisions in lieu thereof. 

An Act to make further provision for settling the affairs of tha 
pretended Bank of Upper Canada. 

Titles of Bills passed by the Legislative Council and House of As- 
sembly, from which the Royal Assent was withheld : 

None, 



First Session, Ninth Provincial Parliament, (1825.) 

Titles of Bills originated in the House of Assembly and rejected by 
the Legislative Council, or declined to be acted upon by that 
House : 

An Act to extend to Persons charged with Felony the full benefit 
of Counsel. 

An Act to authorize the Governor, Lieutenant-governor, or per- 
son administering the Government, to declare, by proclamation, the- 
county of Prince Edward to be a separate District. 

An Act to remove certain disabilities affecting Unitas Fratrum, 
or the United Brethren, Quakers, Menonists, Tunkers and Mora- 
vians, so far as to enable them to hold places of trust and profit in 
this Province. 

An Act to incorporate sundry persons under the style and title 
ofTthe Trustees of the Waterloo School-house, in the township of 
Kingston. 

An Act to repeal an Act passed in the 44th year of his late Ma- 
jesty's reign, Chap. 1. intitled, "An Act for the better securing 
this Province against all seditious attempts or designs to disturb 
the tranquillity thereof." 

An Act to enable certain ReIig ; ous Societies to hold Lands for 
the purposes therein mentioned. 

An Act to provide for the payment of Wages to Representatives 
of Towns in this Province. 

An Act granting to His Majesty a sum of Money in aid of tho 
Funds for defraying the expense of the Administration of Justice, 
and support of the Civil Government of this Province. 

Titles of Bills originated in the House of Assembly, but after- 
wards rejected by that House, by reason of amendments made 
to them by the Legislative Council : / 

None. / 



•260 



Titles of Bills 



Title* of Bills originated and passed in the Legislative Council, 
and rejected by the House of Asseuil 

An Act to repeal the several Laws now in force relating to tha 
late pretended Bank of Upper Canada, and to make further pro- 
vision for settling the ciTaira of that institution. 

Titlcs of Bills passed by the L^gic-iative Council and House of 
Aa'senibiy, from which the Royal Assent was withheld : 

An Act to alter and amend the La^vs now in force for regulating 
Che Commercial Intercourse between this Provinceand the L 

States, by land or inland navigation, and to make further provision 
for the same. 

An Act to allow of the evidence of Quakers, Menonisfs, Tunkcra 
and Moravians or members of the Protestant Church, e 
" Uniias Fralrumf' jn criminal cases and proceedings. 

An Act to make perpetual an Act passed in the fourth year of 
t-is present Majesty's reign j intituled " An Act granting to Hie 
Majesty a sum of money for the purposes therein mentioned." 

An Act for tli \iv, ird". 



Second Session, Ninth Provincial Parliament. fl82C>.> 

Titles of Bills originated in the House of Assembly rrr.i] rejected 
he Legislative Council or declined to be acted upon by thM 
House : 



An Act f-.r - , cried for Felony, the benefit 

full defence by Counsel. 

An Act to provide for the payment of the Representatives of 
Towns in this Province. 

An Act for the more equal distribution of the Property of p»r^ 
sons dying intestate. 

. An Act to remove certain disabilities affecting tfce people c 
Quakers, M Tankers, and Moravians, so far as to enable 

them to hold places of horfour and profit in this Province, 

An Act to provide for the erection of the County of Prince Ed- 
ward into a separate D.strict. 

An Act to secure to certain inhabitants of this Province fVhta 
and privileges as Britisjh subjects. 

An Act to provide for the arrest in this Province of certain of- 
fenders against the laws of the United States, and for their being 
delivered to the . , trities of the same. 

An Act to afford relief to Debtors in execution fcr debt in certain 
car.es. 

An Act to divide the Midland District, and erect the County of 
Princ; Edward i.-.toa separate District. 

An Act to grant to M.s Majesty a sum of monev for the purposes 
therein mentioned. 



ARRESTED IN THEIR PROGRESS. 261 

Title* of Bills originated in the House of Assembly, but after, 
wards rejected by that House, by reason of amendments made 
to them by the Legislative Council : 

' An Act to repeal an Act passed in the 44th year of his lata Ma- 
jesty's reign, Chap. 1, intituled, " An Act for the better securing 
iW Province against all seditious attempts or designs to disturb 
the tranquillity thereof. 

An Act to enable Societies professing Christianity to hold Lands 
for certain purposes. 

An Act to confirm and make valid certaicl Marriages heretofore 
contracted, and further to provide for the future solemnization o* 
Marriages within this Province. 

An Act to provide for the building a Goal and Court House in 
the District of Gore, and to authorize the Magistrates to loan a 
siim of money for that purpose. 

Titles of Bills originated and passed in the Legislative Council, 
and rejected by the House of Assembly : 

An Act to repeal the several Laws now in force relating to the 
'lite preteuded Bank of Upper Canada, and to make further pro- 
vision for settling the affairs of the said institution. 

An Act to confirm and quiet in the possession of their Estates, 
and to admit to the civil rights of subjects, certain classes of per- 
sons therein mentioned. 

An Act to render Justices of the Peace more safe in the execu- 
tion of their duty. 

Titles of Bills passed by the Legislative Council and House of 
Assembly, from which the Royal Assent was withheld : 

None. 



Third Session, Ninth Provincial Parliament. (1S27; 

Titles of Bills originated in the House of Assembly and rejected 
by the Legislative Council, or declined to be acted upon by that 
House : 

An Act to allow persons tried for Felony the benefit of full de* 
fence by Counsel. 

An Act to enable Religious Societies to hold Lands for certain 
purposes. 

An Act to allow the same compensation to Members represent- 
ing Towns as is now allowed by law to the Representatives of 
Counties in this Province. 

An Act to provide for the erection of the County of Prince Ed- 
ward into a separate District. 

An Act for the more equal distribution of the property of persons 
dying Intestate. 

An Act to authorize the sale of the Clergv Reserves within this 
Province. 

02 



262 Titles of Bills 

An Act to authorize) the use of an Initial Letter In the nam? of 
a Deponent making an affidavit in any Court in this Province, 
when one baptismal name shall be given in full. 

An Act to authorize the holding the Courts of Oyer and Termi- 
ner, Assize, and Nisi Prius, ana Genenl Gaol Delivery, in the 
District of Ottawa. 

An Act to incorporate certain persons by the name of » The 
Bath School Society.' 1 

An Act to authorize the holding of the inferior Courts in each 
County within this Province as therein mentioned. 

An Act to repeal pan of, and amend the Law in force for the 
regulation of Juries. 

An Act to confirm and make valid certain Marriages heretofore 
contracted, and further to provide for the future solemnization of 
Marriage within this Province. 

An Act to compel tho severa! proprietors of Lands adjacent to 
the principal highway leading through this Province, from the eas- 
tern to the western extremity thereof, to perform certain duties 
upon the said Road, or to place an inhabitant upon such lands with- 
in the period therein prescribed. 

An Act to repeal the Law now in force establishing District 
Courts in this Province, and to make further provision respecting 
District Courts. 

An Act to grant to His Majesty a certain sum of money for the 
purposes therein mentioned. 

Titles of Bills originated in the House of Assembly, but after- 
wards rejected by that House, by reason of amendments made to 
them by the Legislative Council : 

An Act to repeal an Act passed in the 44th year of his late Ma- 
jesty's reign, intituled, " An Act for the better securing this Prov- 
ince against all seditious attempts or designs to disturb the tran 
quility thereof." 

An Act to abolish the punishment of Whipping and Pillory. 

An Act to close the proceedings under an Act passed in the 54th 
year of his late Majesty's reign, intituled, "An Act to declare 
certain persons therein described Aliens, and to vest their estates- 
in Kis Majesty, after a limited period, and for other purposes there- 
in contained." 

Tvr *ss of Bills originated and passed in the Legislative CounciF, 
and rejected by the Assembly : 

None. 

Titles of Bills passed by the Legislative Council and House of 
Assembly, from which the Royal Assent was withheld : 

An Act to provide for the more easy recovery of Estrays. 

An Act to repeal part of an Act passed in the 4th year of Hia 
Present Majesty's reign, c. 5. intituled *' An Aet to diride rb«r 
County of Ca-rleton, in the Bktfcurst Di*tnot," 



ARRESTEE IW THEIR PROGRESS. 265 

An Act to provide for the Naturalization of iuch persons resi- 
dent in this Prorince, at the period therein mentioned, as may 
not now be entitled by law to be regarded as natural born sub- 
jects of His Majesty. 

An Act to confirm British subjects in their titles to Real Es- 
tates in this Province, derived through Aliens. 

An Act to authorize the holding the inferior Courts in the dif- 
ferent Counties of this Province, where the same are not now by 
Uw holdem 



jFourth Session, Ninth Provincial Parliament. (182&.) 

Titles of Bills originated in the House of Assembly and rejec- 
ted by the Legislative Council, or declined to be acted upon 
by that House : 

An Act to repeal an Act passed in the 44t^i year of his late 
Majesty's reign, intituled, " An Act for the better securing this 
Province against all seditious attempts or designs to disturb the 
tranquility thereof." 

An Act for the more equal distribution of the Property of 
Persons dying Intestate. 

An Act allowiug persona tried for Felony the benefit of full 
defence by Counsel. 

An Act to repeal part of and amend the Law now in force fojr 
the regulation of Juries. 

An x\ct to alter the Law of Imprisonment for Debt. 

An Act to provide for a Police in the Town of Belle^iHe. 

An Act to erect the County of Prince Edward into a separate 
District. 

An Act to provide for the erection of the County of Norfolk 
into a separate District, and to re-annex the Townships of Wal- 
pole and Rainham to said County, and the better to establish the 
limits of said County. 

An Act to extend the limits of Gaols In this Province. 

An Act for the relief of Robert Randal, and to give to the 
Honourable John Walpole Willis certain powers therein men- 
tioned. 

An Act to enable the Canada Company the more conveniently 
to perfect Titles to Lands sold by them. 

Titles of Bills originated in the House of Assembly, bnt after- 
wards rejected by that House, by reasons of amendmeats made 
to them by the Legislative Council : 

An Act for the more easy recovery of Power. 

An Act to amend the Lavs respecting the appointment of Over- 
seers ol Highways and Pound Keepers. 

An A<-t to make valid certain Marriages heretofore contracted, 
and to provide for the fcUjwe »9ien>!Harc»tioj! of Matrimony in thi* 
'Province, 



261 Titles of JJills 

An Act to ascertain the numbers of the different Religion 
Denominations within this Province. 

Titles of Bills originated and passed by the Legislative Coun- 
cil, and rejected by the House of Assembly : 

An Act to enable Creditors to receive their just Debts out of 
the effects of their absent or absconding Debtors. 
; An Act authorizing the formation ofMHilia Riffle Companies. 

An Act directing the proceedings against Forcible Entry and 
Detainer, and providing a more speedy remedy for Landlord* 
against obstinate Tenants. 

An Act to provide for the erection of Partition Fences, 

An Act to provide for the more summary punishment of cer- 
tain Trespassers. 

Titles of Bills passed by the Legislative Council and Hoius 
of Assembly, from which the Royal Assent was withheld : 

An Act for the relief of Daniel Erb and other Persons wIioh 
names are thereiu mentioned.. 



First Session, Tenth Provincial Parliament. ^1829.^ 

Titles of Bills originated in the House of Assembly and rejec- 
ted by the Legislative Council, or declined to be acted upon 
by that House: 

An Act to repeal an Act passed in the 56th year of the late 
King, granting to His Majesty a sum of money towards defray 
ing the expenses of the Civil Administration of the Government 
of this Province. 

An Act for the more equal distribution of the Property of 
Persons dying Intestate. 

An Act to declare the boundaries of the County of Norfolk, 
and to erect the same into a separate District. 

An Act to enable the denomination of Christians called Uni- 
tarians to hold Land for certain purposes therein mentioned. 

An Act for the remuneration of Robert Randal, Esq. for valua- 
ble services rendered this Province while in England. 

An Act to provide for the disposal of a part of the Clergy Re- 
serves in this Province. 

An Act for the payment of Wages to Town Members. 

An Act to erect the county of Prince Edward into a separate 
District. 

An Act to extend the limits heretofore assigned to the respec- 
tive Gaols in this Province. 

An Act to amend the Law respecting Contracts and Evidence 
in certain respects. 

An Act to amend the Law respecting the Police of the Town 
©f Kingston. 



ARKLS1EI> IN rHBlft livOuhLiS. 2fi5 

An Act to borrow a certain sum of Money in EnglaBd. 
An An (o grant a certain sum of money to Hi* Majesty fur 
ihe remuneration of the persons therein mentioned. 

An Act to amend the Laws now in force iur preventing the 
eale of Spirituous Lirjuors without licence. 

An Act to authorize the appointment of Commissioners of 
Roads and other officers for the management of the Highways,, 
at the several Township Meetings within this Province. 

An Act to facilitate the issuing, service and return of Process 
in the District Courts in the several Districts of this Province. 

An Act granting to His Majesty a sum of Money for the im- 
provement of the Roads and Bridges in this Province. 

An Act to continue for one year certain Acts relating to Shop 
and Tavern Licences. 

An Act to remove difficulty respecting the appropriation of 
certain Fines imposed by law, and thereby to provide more effec- 
tually for the carrying into operation certain Acts for punishing 
breaches of the Sabbath and other offences. 

An Act to repeal an Act passed in the 7th year of His presertt 
Majesty's reign, intituled, "Ad Act to authorize the raising by 
Debenture a sum of Money, to be applied ro erecting Buildings. 
tor the use of the Legislature," and to authorize the repair of 
the old Parliament buildings. 

An Act to regulate Partition Fences and Ditches in Sandwich, 
in the Western District. 

Titles of Bills originated in the House of Assembly, but af- 
terwards rejected by that House by reason of Amendment* 
made to them by the Legislative Council : 

An Act to incorporate the Trustees of the Grantham Academy. 

An Act for the appointment of Commissioners to treat on th» 
pare of this Province with Commissioners on the part of the 
Province of Lower Canada, on matters of mutual interest be- 
tween the said Provinces. 

Titles of Bills originated and passed in the Legislative 
Council, and rejected by the House of Assembly : 

An Act direclioj the Proceedings against forcible Entry and 
Detainer. 

An Act to provide for the more summary punishment of cer- 
tain Trespassers. 

An Act to confirm British Subjects in their Titles to Real 
Estates in this Province derived from or through Aliens, 

Titles of Bills passed bv the Legislative Council and House 
of Assembly, from which the Royal Assent wa3 withheld : 

An Act for the relief of Mary Lawrence. 
An Act to cscourage Emigration from foreign parts into tbii 
Province. 



$96 Tn LKS OF BlJX» 

Sseotui Xitxion, Ttnth Provincial rarliamtnt. (iSSO.) 

TiTJMtfl of Biil9 originated in the House of Assembly and rejected 
by the Legislative Council, or declined to be acted upou by 
that Mouse. 

An Act to make valid certain Marriages heretofore contracted, 
and to provide for the future solemnization of Matrimony in tfai* 
Province. 

An Act to erect the County of Prince Edward into a sepanito 
Pistriet. 

An Act for the more equal distribution of the Property of Per- 
sons dying Intestate. 

An Act to repeal the law now in force granting a Salary to the 
Chaplain of the House of Assembly. 

An Act to allow persons tried for Felouy the benefit of full de- 
fence by Counsel. 

An Act to incorporate certain persons by the style and title of 
M The Associated Farmers Company of the Home District, and, 
parts adjacent." 

An Act to provide for registering Deeds and other Conveyan- 
ces within this Province, the same being executed in fpreiga 
countries. 

An Act to provide f»»r the disposal of a part of the Clergy Re- 
serves in this Province. 

An Act to render Sheriffs and their Deputies ineligible to a 
flest in the House of Assembly in certain cases. 

An Act t» declare the Boundaries of the County of Norfolk* 
and to erect the same into a separate pistriet. 

An Act to appoint Commissioners, on the part of this Pro- 
vince, to treat with Commissioners on the part of Lower Canada, 
on matters of mutual interest. 

.An Act assiguing Yards for the benefit of the health of Deo- 
!ois confined in the respective gaols in this Province. 

An Act concerning the Law of Libel. 

An Act to declare and define the duties of Steward. 

Art-Act the better to provide for the return and cmpanneTiiog 
of Juries. 

An Act to require the Justices of the Peace, and the Trea- 
surers of the several Districts of this Province to publish their 
District Accouatj. 

An Act to remunerate Robert Randall, Esquire, for vahra- 
ble serv'ues reiider-ed fbra Province while in England. 

An Act for the better preservation of Salmon within this Pro- 
vince. 

An Act to provide for filling vacancies that may occur by the 
tleath, removal, or neglect, or refusal to act, by any of the Com- 
missioners appointed by an Act passed in this present Session of 
Parliament, intituled, '• An Act granting to His Majesty a mm oC 
money for the improvement of the Ro?.ds and Bridges in this 
Province." 

•\n Aet to exclude the iFu-dgcs. from [lie Legislative ?u<\ Kjk- 
Co until. 



AIUiFSTEI) l.X TIIKIR HfcOCRESS. 2tff 

Ah act to pwvkle good understanding among neighbours, aad 
to lessen the number of expensive Law-suits, by establishing 
Courts of Pacification in this Province. 

An Act to incorporate certain persons under the style and title 
of " The President, Directors and Company of the Commercial 
Bauk of Upper Canada." 

An Act to relieve the Quakers, Menonists and Tunkers from 
the payment of Fines or Commutation Money in lieu of the per- 
formance of Militia duty in time of peace. 

An Act to establish Upper Canada College. 

An Act to repeal an Act passed in the 56th year of the reig* 
of his late Majesty, intituled, " An Act for granting to His 3fa- 
jtfsty a sum of money towards defraying the expenses of the 
Civil Administration of the Government of this Province." 

An Act to provide for the service ot process and other legal 
proceedings upon certain persons carrying on business in this 
Province under the name and style of the Canada Company; 

An Act to continue for a limited time an Act passed in the 4th 
year of His Majesty's reign, intituled "An Act further to regie 
late by law the commercial intercourse of the Province of l.'pper 
Canada with the United States of America, so t «r as rega b iho 
duty imposed on Cider and Beer." 

Titles of Bills originated in the House of Assembly, but after- 
wards rejected by that House, by reason of ameudmeat-s mad* 
to them by the Legislative Council . 

An Act to provide for the erection of Line or Division Fences 
in this Province, and for the construction of Watercourses in the 
Eastern and Western Districts. 

An Act to repeal part of and amend the Laws now in force for 
preventing the sale of Spirituous Liquors by Retail without Li 
eence. 

An Act for the Regulation of District Offices in this Province* 

Titles of Bills originated and passed in the Legislative Council,, 
and rejected by the House of Assembly : 

An Act for the protection of the interests of Certain bodies of 
Indians in this Province. 

Titles of Bills passed by the Legislative Council and House of 
Assembly, from which the Royal Assent was withheld : 

An Act for the relief of Henry Weeks. 

An Act to impose an additional Duty on Shop Licences, and 
to revive and continue, with modification, for a limited time, the 
Law which has recently expired for imposing a Duty o»3 Ltce«ces 
to sell, by wholesale. Wiue. Brandy mid other Hpirttuous Li- 



?68 Titles of Bills 

First Stsiion, Eleventh Provincial Parliament. (1S31.) 

Titlbs of Bills originatad in the House of Assembly, and re- 
jected by the Legislative Council, or declined to be acted upon 
by that House : 

An Act to allow persons tried for Felony the benefit of full de- 
fence by Counsel, and to regulate, in some other respects, the 
practise in Criminal Cases. 

An Act to prevent the consumption of Wine, Brandy, Ram, and 
other Spirituous L : qiors within Siiops. 

An Act to incorporate certaia persons under the style and title 
of "Tie President, Directors and Company of the Commercial 
Btnk of Upper Canada." 

An Act for incorporating the President and Board of Police of 
Brockville, and for establishing a Market in the said Town. 

An Act to repeal part of, and amend the laws now in force es- 
tablishing a Police in the Tow a of Kingston, and to provide for 
the election of a Council to regulate the Police of the said 
Town. 

An Act granting a sum of money for the encouragement of th3 
Grantham Academy. 

An Act granting to His Majesty a sum of money to remunerate 
Valentine G.ll and certain otuoers and servants, of the Legislature, 
for services rendered by them. 

Titles of Bills originated in the House of Assembly, but after- 
ward* rejected by that House, by reason of amendments made 
to them by the Legislative Council : 

An Aet to appoint Commissioners to treat with Commissioners 
appointed en the part of the Province of Lower Canada, for the 
purposes therein mentioned. 

An Act to make certain regulations relating to the office of 
Sheriff, and to require the several Sheriffs of this Province to give 
security for the due fulfilment of the duties of their office; 

Titles of Bixls originated and passed in the Legislative Coun- 
cil, and rejected by the House of Assembly. 

An Act to remove doubts respscting the Jurisdiction of Com- 
missioners of Customs in this Province. 

An Act for the discharge of Debtors in execution for small 
debts, from imprisonment in certain cases. 

An Act to dispense with the necessity of taking certain Oatks 
and making certain Declarations in the cases therein mentioned, 
and also to render it unnecessary to receive the Sacrament of the 
Lord's Supper as a qualification for offices, or for other temporal 
purposes. 

An Act to facilitate summary proceedings before Justices of 
the Peace, and to afford to such Justices reasonable protection in 
the discharge of their duty. 

An Act to remove doubts respecting the Jurisdiction over Offen- 
ces committed upon the Lakes and Rivers in this Province. 



Arrested in their Progress. 209 

An Act to prcvont thn operation within this Province, of an act 
<tf Parliament made in England in the 21st year of the reign of 
King James the First, intituled " An Act to prevent the destroy- 
ing and murthering of Bastard Children," and to make other pro- 
visions for the pretention and punishment of Infanticide. 

An Act to provide that none of the Ordinances made by the 
Governor and Legislative Council of the Province of Quebec, 
shall continue to have the force of law in this Province. 

Titles of Bills passed by the Legislative Council and Hon* 
of Assembly, from which the Royal Assent was withheld ■ 

None. 



Second Session, Eleventh Provincial Parliament. (1832.) 

Titles of Bills originated in the House of Assembly and re- 
jected by the Legislative Councillor declined to be acted upon 
by that House : 

An Act to repeal so much of the Law now in force as authori- 
zes the payment of a Salary to a Chaplain of the House of Assem- 
bly. 

An Act concerning the Law of Libel. 

An Act to appoint Commissioners to treat with Commissioners 
appointed or to be appointed on the part of the Province of Low- 
er Canada, for the purposes therein mentioned. 

An Act to regukte the Prices to be charged for Printing Official 
Advertisements. 

An Act to reoeal part of an Act passed in the 33d year of the 
feign of King George the Third, intituled, " An Act to fix the time 
aud places of holding the Courts of General Quarter Sessions of 
the Peace within the several Districts of this Province, and to au- 
thorize the holding of the Quarter Sessions of the Midland Dis- 
trict at Kingston and Belleville alternately. 

An Act to repeal so much of an Act passed in the 59th year of 
the reign of his late Majesty King George the Third, intituled, 
" An Act to repeal part of and amend the Laws now in force for 
establishing Public Schools in the several Districts of this Pro- 
vince, and to extend the provisions of the same, as relates to the 
opening and koeping the District School for the London District 
at the Town of Vittoria, and to authorize the holding of the said 
District School at the Town of London in the said District." 

An Act to regulate Line Fences and Water-couises. 

An Act for the more eqjal distribution of the Property of Per- 
sons dying Intestate. 

Au Act to allow persons tried for Felony, the benefit of full de- 
fence by Counsel, and certain other privileges therein mentioned. 
r An Act relating to the Bailing, Commitment, Removal and 
Trial of Prisoners in certain cades. . 

An Act granting to His Majesty a sum of money, to be raised 

Assem. No. 21. P2 



27ff Titles of Bill* 

by Debenture, and expended in the improvement of Road3 and' 
Bridges in the several districts of this Province. 

An Act granting a sum of money for the encouragement of the 
Grantham Academy. 

An Act to remunerate the Arbitrator therein referred to for cer- 
tain services rendered by him. 

An Act granting to His Majesty a sum of money for the support 
of the Civil Government and the Administration of Justiea in this 
Province. 

Titles of Bills originated in the House of Assembly, but after- 
wards rejected by that House, by reason of amendments mads 
to them by the Legislative Council : 

An Act to provide for the completion of the Parliament Build- 
ings. 

Titles of Bills originated and passed in the Legislative Coun- 
cil, and rejected by the House of Assembly : 

An Act to provide that none of the Ordinances made by the 
Governor and Legislative Council of the Province of Quebec 
shall continue to have the force of law in this Province. 

An Act to dispense with the necessity of taking certain Oaths 
and making certain Declarations in the cases therein mentioned, 
and also to render it unnecessary to receive the Sacrameut of the 
Lord's Supper as a qualification for Offices, or for other temporal 
purposes. 

An Act to constitute a new Court of Appeal for revising the 
Judgments of the Court of King's Bench. 

An Act to authorize the Transporting of Offenders. 

An Act for the relief of Roman Catholic Congregations in tin* 
Province. 

An Act to facilitate legal remedies against Corporations. 

An Act to make further provision for carrying into effect an act 
passed ill the 53th year of the reign of King George the Third, 
intituled " An Act to afford relief to persons holding or possessing 
Lands, Tenements or Hereditaments in the District of Niagara.'*" 

An Act to protect the interests of persons whose Lands shall 
be cold for the payment of Assessments in Arrear. 

Titles of Bills passed by the Legislative Council and House of 
Assembly, from which the Royal Assent was withhold : 

An Act to protect the interests of Captain Alexander Shaw. 



Third Session, Eleventh Provincial Parliament. (1833./ 

Titles of Bills originated in the House of Assembly and re- 
jected by the Legislative Council; or declined to be acted upon 
bv that House ; 



Arrested in their Progress. 271 

An Act to declare the qualification of Voters for Members to 
'represent certain Towns in the House of Assembly in this Pro- 
wince. 

An Act to incorporate certain persons under the style and title 
of " The President, Directers and Company of the Saint Catha- 
rines Bank, in the Niagara District." 

An Act to establish a Police in the Town of Prescott, in the 
Johnstown District. 

An Act to repeal part of an Act passed in the 33d year of the 
reign of King George the Third, intituled "An Act to fix the 
times and places of holding the General Quarter Sessions of the 
Peace in the several Districts of this Province ; and also to re- 
peal part of a certain other Act passed iu the 41st year of the 
reign of King George the Third, "intituled, " An Act to re- 
move doubts with respect to the authority under which the 
Courts of General Quarter Sessions of the Peace and other 
Courts have been erected and holden, and other matters relating 
to the administration of justice done in the several Districts of 
this Province, and also to fix the times of holding the Quarter 
Sessions cf the Peace in and for the same, and to authorize the 
holding of the General Quarter Sessions of the Peace of the 
Midland District, at Kingston and Belleville alternately." 

An Act to explain the provisions of an Act passed at the last 
session of the Legislature, intituled, "An Act for altering and 
amending the Charter of the President, Directors and Company 
of the Bank of Upper Canada, and for increasing the number of 
shares to be held in the capital stock of the said Company-" 

An Act to repeal and reduce into one Act the several Laws 
now in force establishing District Courts, and regulating the 
practice thereof ; arid also to extend the powers and jurisdiction 
of the said District Courts and further to regulate the practice of 
the said District Courts. 

An Act to establish a Police in the town of Cornwall, in the 
Eastern District. 

An Act to authorize His Majesty's Receiver General to issue 
Provincial Notes, chargeable upon the public Revenues of this 
Province. 

An Act granting to His Majesty a sum of Money to remune- 
rate certain services therein mentioned. 

Titles of Bills originated in the House of Assembly, but after- 
wards rejected by that House, by reason of Amendments made 
to them by the Legislative Council : 

An Act for the more convenient recovery of Estreats. 

An Act for amending the Law of Evidence in certain cases. 

Titles of Bills originated and passed in the Legislative Council, 
and rejected by the House of Assembly : 

An Act to authorize the transporting of Offenders. 
An Act to facilitate the remedy of Replevin. 



272 



Titles of Bills 



Titlks of Bills passed by the Legislative Council and House of 
Assembly, from which the Royal Assent was withheld: 

An Act to extend to certain persons the Civil and Political 
Rights of Natural born Subjects. 

JAMES FITZGIBBON, 

Clerk of Assembly. 
Clerk of Assembly's Office, ' 



lerk of Assembly's Office, } 

York, Upper Canada, > 

26 March, 1833. > 



List of the titles of all the Bills which hav- 
ing originated in the House of Assemhly during 
the two last Sessions of the Legislature 1833-4 
and 1835.) were rejected, or declined to be act- 
ed upon by the Legislative Council, or which 
having been sent up were altered by the Legis- 
lative Council so as to cause their subsequent 
rejection in the House whence they originated ; 
or which, having originated in. and been passed 
by the Legislative Council, were afterwards re- 
jected by the Assembly. Also, of the titles of 
Bills which having been passed in the Legisla- 
tive Council and Assembly, have been refused 
the Royal Assent, or been reserved for the sig- 
nification of His Majesty's pleasure thereon : 

Fourth Session, Eleventh Parliament, (1833-4. j 

Titles of Bills originated in the House of Assembly and rejected 
by the Legislative Council, or declined to be acted upon by 
that House. 

An Act to incorporate sundry persons under the style and title 
of the President, Directors and Company of the Gore Bank. 

An Act to erect the County of Norfolk into a separate District, 
and to authorise a loan of money for the purpose of building a 
Gaol and Court House therein. 

An Act to repeal an Act passed in the eighth year of His late 
Majesty's reign, entitled, "An Act to require the Justices of the 
several Districts of this Province, to publish a statement of their 
District Accounts" and to make further provision for publishing 
District Accounts and disposing of the District Funds. 

An Act to establish the present survey of certain side Lines in 
the Second Concession West of Green Point in the Township of 
Sjopbiasburg. 



Arrested in their Progress. 273 

An Act to erect the County of Hastings into a separate District'. 

Au Act to incorporate certain persons under the style and title 
of the President, Directors and Company oftheBank of Cobourg. 

An Act affording relief to a Religious Denomination called 
" Christians." 

An Act to encourage the destruction of Wolves. 

An Act to incorporate certain persons under the style and title 
of " The Upper Canada Glass Manufacturing Company." 

An Act to incorporate a Joint Stock Company for the Manu- 
facture of Salt, in the Township of Saltfleet, in the District of 
Gore. 

An Act to provide for the sale of the Clergy Reserves in this 
Province for the purposes of General Education in the same. 

An Act to establish a Police in the Town of Cobourg. 

An Act appropriating certain monies in the hands of His Ma- 
jesty's Receiver General raised under the provisions of an Act 
passed in the second year of His Majesty's reign, entitled, "An 
Act to impose an additional duty on Licenses to vend Wines, 
Brandy and Spirituous Liquors, towards the payment of the sum 
of £25,000, granted for the improvement of the roads and brid- 
ges in this Province by an Act passed during the present Session 
entitled, "An Act granting to His Majesty a sum of money for 
the improvement of the Roads and Bridges in the several Districts 
in this Province." 

An Act to amend and extend the provisions of an act passed in 
the third year of His Majesty's reign, entitled, " An Act to 
raise a sum of money to improve certain roads in the vicinity of 
the town of York, and for other purposes therein mentioned." 

^Titles of Bills originated in the House of Assembly, but after- 
wards rejected by that House, by reason of amendments 
made to them by the Legislative Council. 

An Act to declare that certain persons therein described shall 
not be privileged from Arrest by Mesne Process. 

An Act to amend and extend the provisions of an act passed in 
.the fifty-fifth year of the reign of His late Majesty King George 
the Third, entitled, "An Act to incorporate the Midland District 
.School Society." 

Titles of Bills originated and passed in the Legislative Council 
and rejected by the House of Assembly. 

An ct to amend an Act passed in the second year of the 
reign ofjHis late Majesty King George the IV. entitled, « An Act 
to repea part of and amend an act passed in the 37th year of His 
late Majesty's reign, entitled, 'An act for the better regulating the 
practice of the Law, and to extend the provisions of the same.' " 

An Act to appoint Trustees to carry into effect the provisions of 
the Will of John White, Esq. deceased." 

An AjJt to enable suitors in the District Courts to procure the 
attendance of Witnesses from any District in this Province. 

An Act to allow the issuing of Writs of Error from the Court 
*>f King's Bench. 



274 



JTIXS OF 



Bn, 



LS 



Titles of Bills pasted by the Legislative Council and House of 
Assembly and reserved for the signification of His Majesty's 
pleasure. 

An Act to authorise !he persons therein named to hold or convey 
certain lands in the Townships of Waterloo and Woolwich in the 
District of Gore. 

An Act to form certain Townships in the London District into a 
County, and to attach certain Townships to the Counties of Middle- 
sex and Kent in London and Western Districts. 

An Act to enable the Executors named in the Will of the late 
Thomas Stoyell, to carry the provisions of the said Will into 
effect. 

An Act to incorporate certain persons therein mentioned, under 
the name and style of the Erie and Ontario Rail Road Company. 
An Act to extend to certain persons the civil and political rights 
of natural born subjects. 

An Act for imposing a Tax on lands adjoining Canboro' and 
Simcoe. 

An Act to incorporate certain persons for the management of 
certain Lots of Land in the Township of Sandwich belonging to 
the Roman Catholic Congregation of the Parish of L'Assomption 
in the Western District, and for vesting the same in the said Corpo- 
ration. 

An Act to enable John B. Yates, to hold lands in this Province, 
and for other purposes therein mentioned. 



First Session, Twelfth Parliament, 



/ess* 



Titles of Bills originated in the House of Assembly and rejectee* 
by the Legislative Council, or declined to be acted upon by that 
House 

An Act to authorise the Trustees of the Grantham Academy to 
dispose of real Estate, and for other purposes therein mentioned. 

An Act to authorise His Majesty's Justices of the Court of 
King's Bench to hold a Court of Oyer and Terminer, Assize, of 
Nisi Prius and of General Gaol Delivery in and for the District of 
Ottawa. 

An Act to amend the Jury Laws of this Province. 

An Act to define the limits of the Town of Brantford in the 
District of Gore, and to establish a Police and Public Market 
therein. 

An Act for the Disposal of the Clergy Reserves in this Pro- 
vince, for the purposes of General Education. 

An Act for the more equal distribution of the property of persona 
dying Intestate. 

An Act to grant the sum of Four Hundred Pounds for the con- 
struction of a Bridge at. Parrott's Bay. 

An Act to provide for a Survey in the Township of Loughbo- 
rough. 

An Act to erect the County'of Hastings into a Separate District. 

An Act to divide the township of Hawkesbury in the Ottawa 



ArrLStld KN THEIR PkOGRES*. 2?J 

district into two eeparate townships of East and Weat Ilawkes- 
bury. 

An Act to repeal the several laws now in force imposing finc» 
on Quakers, Meoooists, and Tunkers, for non-performance of 
Militia Duty in time of Peace. 

An Act to incorporate sundry persons under the style and 
title of the '• President, Directors and Company of the Bank of 
the Niagara District." 

An Act granting to Adam Dixon, of Moulinette, in the town- 
ship of Cornwall, certain privileges contained therein. 
An Act to promote Education. 
An Act to amend the Court of Requests Law. 
An Act to repeal the Law authorising the appointment of a 
Commission to take the evidence relative to the trial of Contes- 
ted Elections. 

An Act to impose a duty on various articles imported from 
the United States of America into this Province. 
An Act to amend the Charter of King's College. 
An Act to promote the freedom, peace and uiet of Elections 
of Members to represent the several Countie Ridings, Cities, 
and Towns in this Province, in the House of Assembly, and fur- 
ther and more effectually to secure the independence- of that 
House by adopting the mode of voting by Ballot. 

An Act granting to His Majesty a sum of money for the im- 
provement of the Roads and Bridges in the several Districts in 
this Province. 

An Act to form the County of Norfolk into Ridings, and also to 
erect the same into a separate District, and for other purposes 
therein mentioned. 

An Act to amend the Police Laws of the Town of Prescott. 
An Act to authorise the erection of a Mill Dam upon the River 
Thames in the London District 

An Act relating to the granting of the "Waste Lands of the 
Crown. 

An Act to authorise the issuing of Licenses for the sale of 
Wine. 

An Act to make a grant to the Grantham and Bath Academies. 
An Act to promote the freedom of Elections in the County of 
Leeds. 

An Act to remunerate Francis Hall, Esq., Civil Engineer, for 
services at the Burlington Bay Canal. 

An Act granting further aid to the Burlington Bay Canal. 
An Act to provide for holding Elections in the County of 
Leeds. 

An Act granting a sum of money for the improvement of the 
Harbour at Kettle Creek and for other purposes. 

An Act for the relief of John Pearse and others, and to complete 
the Lock and Canal between Pigeon and Sturgeon Lakes, in the 
Newcastle District, and for other purposes. 

An Act granting to His Majesty a certain sum of money to ena- 
ble His Majesty to pay to Joseph Turiou the balance of his ac- 
count for work and labour performed by him as Contractor for part 
of the buildings occupied by the Legislature. 

An Act to ensure the more regular and economical printing of 






276 



Titles of Bills 



the Statutes of this Province, and of those Statutes of the Impe- 
rial Parliament which may concern this Province, to provide that 
the said statutes be printed by contract, and also for their distri- 
bution. 
Titles of Bills originated in the House of Assembly, but afterwards 

rejected by that House, by reason of amendments made to them 

by the Legislative Council. 

An Act to naturalize certain persons therein named. 

An Act to continue and amend an Act providing a bounty for 
the destruction of Wolves in the several Districts of this Province. 
(Amended by the Legislative Council, and amendments rejected by 
the Assembly, it being considered a Money Bill.) 

Titles of Bills originated and passed in the Legislative Council, 
and rejected by the House of Assembly. 

An Act to allow the people called Separatists to make a solemn- 
affirmation and declaration instead of an oath. 

An Act to amend the law respecting Bills of Exchange and Pro- 
missory Notes. 

An Act to appoint the time and place for holding the Court of 
General Quarter Sessions of the Peace, in each of the several 
Districts of the Province, and to repeal the several Laws now in 
force for that purpose. 

An Act for the further amendment of the Law, and the better 
advancement of Justice. 

An Act to make the remedy in cases of seduction more effectual, 
and to render the fathers of illegitimate children liable for their 
support. 

An Act to allow persons to be admitted Attornies upon a service 
of five years under articles in the office of the Clerk of the Crown 
and Pleas. 

Au Act to abolish the distinction between Grand and Petit Lar- 
.ceny and to enable Courts of General Quarter Sessions of tho 
Peace, and any Court having the like powers to try all cases of 
simple Larceny under certain restrictions, and to amend the Lawsr 
respecting the Punishment of Larceny. 

An Act to constitute a new Court of Appeal for revising the 
judgments of the Court of King's Bench. 

Titles of Bills passed by the Legislative Council and House of As- 
sembly, and reserved for the signification of His Majesty's 
pleasure. 

An Act to confirm British subjects in their titles to real estate 
derived through Aliens. 

An Act to incorporate sundry persons under the style and title 
of the President and Directors of the Upper Canada Life Insu- 
rance and Trust Company. 

An Act to incorporate sundry persons under the style and title 
of the President, Directors and Company of the Gore Bank. 

An Act altering and amending the charter of the President 
Directors and Company of the Commercial Bank of the Midland 



Sessions Pape&. 277 

district, and for increasing the number of Shares to be bold in the 
capita] slock of the Company. 

An Act for the relief of the Heirs of the late Fetar Desjardin** 



Clerk of Assembly's Office, 
Toronto, April 17, 1835. 



JAMES FITZGTBBON, 

Clerk of Assembly* 



No. 83. (A.) 
SESSIONS PAPER (1330.) . No. 574. 

[From a Return to an Address of the House of Common* 
lated 7th of June, 1830.] 

Extract of a despatch from Major-General Sir John Colborne to 
the Right Honorable Secretary Sir George Murray, dated York, 
Upper Canada, 16th February, 1829 : 

With respect to the constitution of the Executive and Legisla- 
tive Councils, on which subject you require information, it is evident 
that whatever persons may be appointed members of the Executive 
Council* there will be a considerable degree of jealousy existing in 
this limited community of their influence & authority ; they must ne- 
cessarily reside at York, and will seldom be able to accept the 
eharge without holding other officer under the Crown. On many ac- 
counts ic is very desirable that the Chief Justice should retain his seat 
in the Executive Council ; but there can be no doubt that occasion- 
ally he must, as a Judge, be led too deeply into the political affairs 
of the Colony, 

Composed as the Legislative Council is at present, the Province 
has a right to complain of the great influence of the Executive 
government in it. The Legislative Council consists of seventeen 
members, r exclusivo of the Bishop of Quebec ; of these, from acci- 
dental causes, not more than fifteen ever attend to their Legislative 
duties. Thus, out of the number generally present, six are of the 
Executive Council, and four hold offices under the Government ; 
I have, therefore, intimated my intention of recommending to His 
Majesty's Government to increase the Legislative Council. 

It is exceedingly difficult to find persons qualified for it ; but if 
about eight or ten more can be selected from different parts of the 
Province, and the majority be considered independent, there can 
be no good reason assigned for excluding the Executive Council. 



Since the date of the despatch from which the above extract has 
been taken, the Right Rev. Doctor JVIacdonell, Roman Catholic 
Bishop, and John Elmsley, Esq. two additional members, have been 
added to the Legislative Council ; and it is not intended that the 
Chief Justice of Upper Canada should continue a member of tbo 
Executive Council. 

Downing- Street, 14th June, 1830. 
Q2 



27& Correspondence. 

Proceedings in England, with Acts of ths. Coloniat 
legislature. 

On the arrival of the Acts of a Session of a Colonial Legislature 
at the Colonial Office, they are referred by the Secretary of Stata 
to the Law Counsel for the Department, who reports on them in 
point of Law — that is, 1, Whether they are r with the 

Governor of the Colony's Commission and Instructions. — 2. Whe- 
ther in tiie language of the statute 7 & 8, \V:1I. 3 I, ch. 22, sec. 9, 
they are or are nut repugnant to tiie laws of Great, Britain; and 
3. Whether each act is so framed as to give full effect to the pur- 
poses for which the Colonial Legislature framed it. 

The Law Counsel reports to the Secretary of State. The acts 
thus reported on, and the report, are communicated by the latter 
to the President of the Privy Council, and laid before the King in 
Council for his Majesty's cons deration. At the then ensuing 
Council Btard, the acts and reports are referred to the Lords of 
Trade and Plantations, of the Committee of whom the Secretary 
of State is one. This Committee select the most difficult statutes 
and get the opinions of the Crown Lawyers upon them. 

The Committee then report on the acts under three heads : — 
.1. Acts disallowed. 

2. Acts of public and general Importance requiring special con- 
firmation. 

3. Ordinary acts left to their operation. 

JNo Colonial acts can be disallowed, save by a regular order of 
the King in Council. 

The Clerk of the Council announces to the Secretary of Stale 
the decision of the Council on the acts, which is communicated to 
the Governor of the Colony, together with the original order in 
Council. A list is also made and seat of acts neither confirmed, 
nor disallowed, with an intimation that they will be left to their 
operation. 

Comparatively few statutes are either confirmed or disallowed. 



No. 84. 

Downing Street, f 
29th December, 1832. J 
Sir, 

I am directed by Viscount Goderich to acknow- 
ledge the receipt of your letter dated the 18th instant, and 
to return you the fallowing answer. 

Lord Goderich does not consider it consistent with the du- 
ties of his office to enter into any explanation with yourself 
or with any other private person, of the views which His Ma- 
jesty's Government may entertain respecting the propriety of 
dissolving the present Assembly of the Province of Upper 
Canada. 



Correspondence. 279 

With respect to the warnings ami predictions which you 
have thought it your duty to address to His Lordship in the 
name of tiie people of Upper Canada collectively, not only 
on the present, but on former occasions, Lord Goderich directs 
me to say that he cannot acknowledge or suppose that your view* 
are really those of the majority of the inhabitants of that import- 
ant part of His Majesty's dominions. Opinions directly opposite 
to those which you maintain, are advanced in petitions addressed 
to His Majesty, and to the Lieutenant Governor, by bodies of 
the inhabitants far more numerous than those who have signed 
the petitions entrusted to your care. With the most unaffected 
anxiety to consult the deliberate wishes of the people of the 
Province upon all questions of local interest, Lord Goderich 
would be acting in direct opposition to that principle, if he 
were to defer to the desires of "the comparatively small minor- 
ity, for whom you act, rather than to those of the far greater 
body, by whom the counter petitions have been signed. 

With reference to your statement that the question of the 
Union of Montreal with Upper Canada is "agitated by author- 
ity emanating from Downing Street,"Lord Goderich directs me 
to state that he is totally at a loss to understand your meaning, 
but will be greatly obiiged to you if you will place him in pos- 
session of proof that any person in British North America or 
elsewhere has agitated that question under any pretended au- 
thority from this Department, because His Lordship would 
feel it his duty to disavow in the most unqualified terms the 
having directly or indirectly imparted any such authority te 
to any person whatever, 

I am, Sir, 

Your most obedient servant, 

HOWICK. 
\V. L. Mackenzie, Esquire. 



No. S5. 

To the Eight Honourable Lord Viscount Gode- 
rich, His Majesty's Secretary of State Colonial 
Department, Downing Street. 

2, Poland Street, | 
January 9, 1833. ( 

My Lord, 

I greatly rejoice to perceive that Your Lord- 
ship is most anxious to consult the deliberate wishes of the 
people, because I am convinced that the safety, the honour, 
the strength of governments at a distance, are best preserved 



28Q CoiuiEsrOx\i;Ei*cE. 

and maintained by ascertaining and following the judgment of 
the better informed part of the community. Being assured 
that I am expressing opinions and stating facts relative to 
Upper Canada in accordance with that public sentiment, and 
a strict regard for truth, I think it my duty to submit to the go- 
vernment some of the reasons which have led me to conclude 
(without seeing the " counter petitions ") that His Majesty's 
Government have been deceived, misled, and grossly impos- 
ed upon, with regard to the real numbers and character 
of the memorialists who express '* opinions directly " opposite 
to those which I maintain." I feel assured that upon in- 
vestigation it will be found there is some mistake in the esti- 
mate, and I court that enquiry with the least possible delay 
— -I beg I entreat Your Lordship that I may be permitted to 
examine the statements and signatures of the supposed " far 
greater body," spoken of by Viscount Howick in his letter of 
last Saturday week, as having signed those ''counter petitions." 

The whole population of Upper Canada, when I left it last 
April, was believed to be under 240,000, of whom about one- 
sixth were male adults, capable either of signing their names 
or making a mark ; and if every man of them had como for- 
ward to petition His Majesty on the state of the Province — 
which was not the case — -the whole number of petitioners 
would probably have fallen below 40,000. 

It is a fact of which I have a distinct personal knowledge 
that the number of signatures attached to the petitions addres- 
sed to the King and entrusted to my care, far exceeded 20,- 
000, and that these petitions were agreed upon at from one 
to. two hundred District, County, Town, Township, and 
Village public meetings, at which vast numbers of the peo- 
ple attended. If, then, a large majority of the whole popu- 
lation capable of petitioning, entrusted their Addresses to 
your humble correspondent, Your Lordship cannot have re- 
ceived through the Lieutenant Governor petitions of an oppo- 
site character signed by a still greater number of persons. Ei- 
ther I have been the bearer of spurious petitions, or a great 
part of the addresses sent by Sir John Colbcrne deserves that 
designation — unless indeed it be assumed that thousands of 
the good people of the Colcmy signed first on the one side, and 
then went & affixed their names en the other li for uniformity's 
sake," certainly a very improbable surmise, when their high 
• tbaracter for integrity and intelligence is taken into considera- 
tion.. 

If I could have doubted for a moment as to whether 1 
was expressing (he deliberate opinions of the people of Up- 
per Canada, 1 never would have consented to cross the At- 
lantic upon such an errand as has now detained me here se- 



CoRRESPOSDF.XCE. 2H1 

ven months, and which to all appearance is likely to hinder 
me seven more. Although the popular representation is yery 
imperfect, and the influence of the Executive Government, 
and the monopolies winch uphold it, very great, Your 
Lordship will do me the justice to keen in memory that I 
have continually pressed upon the attention of Government 
a dissolution of the Legislature, and the calling of a new Pro- 
vincial Parliament as the only true way of ascertaining pub- 
lic opinion. What could the petitioners by me have gained 
hy a dissolution if they had not felt beyond a shadow of 
doubt that they were strong enough in numbers, wealth and 
respectability, to counteract the whole influence of the Execu- 
tive now upheld in Upper Canada to the injury of the Bri- 
tish Nation, and in despite of the people of the Colony? If 
your Lordship will cast a glance over the petitions you will 
find that it is through the House of Assembl}* the petitioners pro- 
pose to carry into effect nearly all these plans of reform & im- 
provement to which they solicit Your Lordship's countenance. 
It would have been quite a Quixotic project to send me here 
at a vast expense to pray the dissolution pf the present House 
if the petitioners had not felt perfectly secure that they could 
send a very different class of members to the new one. I assured 
Your Lordship in presence of Mr. Hume and Mr. Viger, on the 
very first day Your Lordship honored me with an audience, that 
if that point alone was gained before the then next annual session 
I should return to Upper Canada well satisfied that I had no 
doubt the petitioners would be so also. But instead of a 
dissolution we had the Legislature hurried prematurely into 
session, and expulsion, not by a majority, but by a few go- 
vernment functionaries, not one half the House being in at- 
tendance. 

Your Lordship will remember that, in 182S, the Wesleyan 
Methodists and Protestant Dissenters, from one general and 
thirty-nine local committees, humbly petitioned the House of 
Commons against Dr. Strachan's misrepresentations, and in 
favour of equal religious privileges, and that their petitions 
signed by 8,000 men and presented by Mr. Hume, on the 
3rd of May were referred to the Canada Committee of the 
House of Commons whose favorable report thereon, it has not 
pleased His Majesty's Government, thus far, to act upon. I 
appear here as a member, and the accredited agent of the 
general committee to whom these 8,000 men entrusted their 
memorials, and whatever may bo the number of signatures 
sent to your Lordship's office, by Sir John Colborne, I would 
require very powerful evidence indeed to induce me to believe 
that public opinion had changed on the important questions 
ihese petitions embrace. I am the same person who procnr- 



282 Correspondence. 

©d from a large majority of l!ie present House of Assembly, 
the explicit declaration recorded on its journals, in favour of 
the principles laid down in these petitions and against the re- 
cognition of exclusive, dominant religious establishments. 
Therefore, it was, most probably, that I was unanimously se- 
lected to support the same opinions here. 

I appear as the accredited agent of the Committee of 
Friends of Civil and Religious Freedom, of all denomina- 
tions whose petitions signed by 10,000 freeholders and inha- 
bitants, Mr. Hume presented to the House of Commons in 
1831, Mr. Hume, as well as Captain Ryerson assured the 
people of Canada that the Reform Ministry would carefully 
enquire into the allegations of the petitioners. Years have 
elapsed, but their complaints remain unredressed ; and what 
is worse than all, I am now informed that the petitioners are 
in the minority, On the merits of their cnse nothing is said, 
"but I can readily infer that on this ground also, they are held 
to have been found wanting, and that Governor Colborne's 
squabbles with the Methodists are justified. 

I was the bearer, this summer, of the petitions of 10,000 
inhabitants of Upper Canada, praying for a change in the 
character of the Legislative Council, an enquiry into the 
conduct of the Lieutenant Governor, and the redress of many 
grievances. T itions were presented to the House of 

Commons by Mr. Hume, who informed me, as I did tho pe- 
titioners, that the Government would cause full enquiry to b» 
made. I must suppose that this has been done ; and after an 
interval of six at length I am assured by your Lord- 

ship that the petitions do not express public opinion. 

A majority of all the male adult population of Upper Cana- 
da have expressed their opinions and wishes in 61 humble and 
respectful addresses to the King during the last 18 months. — 
Of these addresses and memorials, two, not numerously sign- 
ed, were presented to His Majesty by Lord Brougham ; one 
from Hastings, reached your Lordship with some difficulty 
through the Po:-»t-oiTice and Home Department ; and the rest 
I remember having personally deposited in the Colonial Office 
at several times myself. Even this indication of public sen- 
timent appears to have been neutralized, as well in regard 
to the merits of the case, as by a far greater majority of tho 
signatures of persons holding opinions directly opposite, and 
compared to whom the Reformers of Upper Canada a/e 
" a comparatively small minority." 

I have long and successfully advocated the principles em- 
braced in the petitions I brought over, both within and with- 
out the walls of the House of Assembly. — And as the repre- 
sentative of a sixth at least of the whole Colony, I thought 1 



CoRRESPONDBXCt. 28tJ 

might be entitled to be considered by His Majesty's Govern- 
ment on that ground alone a tolerably fair indication of public 
opinion in that District where the acls of the Government are 
best known. 

According to my understanding of Viscount Ilowick's let- 
ters of the 23d and 29th of June, and 29th of December last, 
your Lordship has laid down several rules or principles for the 
guidance of those who sent me here. I humbly ask leave to 
apply these rules or principles to the case of the petitioners. 

I am told, that the unauthorized statements of individuals 
are not to be received in opposition to those of the Assembly 
of Upper Canada, and that your Lordship is convinced that 
all classes of the inhabitants are fairly represented in the 
House of Assembly. 

That your Lordship is desirous to consult the deliberate 
wishes of the people of Upper Canada upon all questions of 
local interest. 

And, that as opinions directly opposite to those which I 
maintain are advanced in petitions addressed to the King and 
his Lieutenant Governor by far more numerous bodies of the 
inhabitants than those who have signed the petitions entrusted 
to me, your Lordship would not be consulting the deliberate 
wishes of the people of Upper Canada if you were to comply 
with the requests of the comparatively small minority for 
whom I act, in opposition to the far greater body who have 
expressed opinions directly opposite. 

It so happens in the present instance, that in many, if not 
in most cases, the petitioners by me ask that those things may 
be recommended by His Majesty's Government to be done, 
which the present as well as the two last Houses of Assembly 
have vainly essayed to accomplish. I find it somewhat diffi- 
cult to reconcile this fact with a refusal of these requssts, up- 
on the ground that to grant them would be deferring to the 
minority, even while it is readily admitted that the House of 
Assembly correctly represents the sentiments of the majority. 
For example : — 

1. The present House of Assembly have passed a bill for 
the more equal distribution of the estates of persons dying 
intestate — so did the last House — so did the House before that. 
The petitioners by me humbly pray that this most important 
and much-to-be-desired measure may be perfected by receiv- 
ing the Royal Approbation. Three successive Houses have 
proved the unchangeableness of public opinion on this point. 
Yet it is refused, because your Lordship is in psosession 
of M the unauthorised statements of individuals" whom you 
•onseieatiously believe to be a majority of all the petitionert 



284 Correspondence. 

from the Colony, but who in this case are *' in opposition i* 
the Assembly." 

2. The present House of Assembly have declared the Col- 
lege Charter a grievance — so d:l the last House — so did the 
House before that — so did the Committee of the House of 
Commons sitting upon one of the petitions for which I am the 
agent — so do the petitioners by me. Yet has it not received 
a liberal charter 1 

3. The present House of Assembly solemnly declared its 
opposition to any pecuniary union of Church and State, and 
to all undue preferences given to the Ministers of particular 
Religious Sects, and prayed that the Clergy Reserves might 
be sold and general education promoted with the proceeds. — 
So did the House elected in 1824, and the House elected 
in 1828. — So did the petitioners by me. — They are unsuc- 
cessful. 

4. The last and present Houses of Assembly have enquired 
by address, and in other ways, from time to time, into the 
amount and application of that secret revenue which it has 
been usual to collect as well as expend without the knowledge 
er approbation either of the people of England or of Canada. 
They enquired in vain. The petitioners by me make the 
same request. Your Lordship admits that there ought to be 
no concealment. But the concealment continues. 

5. The present House of Assembly prayed that the Timber 
Trade might not be burthened with an inland tax, which is 
equal to about 25 per cent, on the value of the rafts. The 
Ministry declined to remove the impost thus unanimously 
complained of. The petitioners by me are opposed to its con- 
tinuation. 

6. The present House addressed the King in favor of the 
independence of the Judges — So did the two last Houses — So 
have the petitioners. Y r et the Judges (political partisans.) have 
been made more than ever dependant upon the military gov- 
ernment while they are perfectly independent of the country '. 

7. The present House of Assembly refused or declined to 
comply with the prayers of the Freeholders of the County of 
York last winter and the winter before, asking a fair share of 
the representation. I observe by the debates of this Session, 
that they are now hastening to give it six Members instead of 
©ne — the very thing I was sent here to ask for, after it had 
been refused there. I doubt its becoming a law ; it is too 
good a measure to originate with the local authorities or to be 
countenanced by them. 

8. The Committee of the House of Commons on the Gov- 
ernment of Canada, strongly recommended an amendment of 
the defective system of summoning Juries, under which Mar- 



Mr. Mackenzie. 2o5 

ihals or Sheriffs enjoying largo incomes at the pleasure of the 
Colonial Executive, are entrusted with the arbitrary selection 
both of Grand and Petty Jurors all over the Colony. The last 
House of Assembly and the one before it passed bil's in vain 
for remedying the evil, and the present House has acknow- 
ledged its existence. I am not aware that His Majesty's 
Government has taken any step whatever to remove this griev- 
ance, although the petitioners by me have made it a princi- 
ple ground of complaint, as striking at the very root of the 
administration of justice. 

9. The present House endeavoured to provide for the pay- 
ment of the War Losses, but were checked by the Legisla- 
tive Council, which is to say, the Government. The petiti- 
oners by me, though disagreeing as to the best mode of pay- 
ment, wish that speedy justice may be done these long- 
neglected and ill-treated claimants upon British justice. 

10. A Bill was introduced last winter, in the present House, 
to diminish law-costs — it passed, with two dissentient voices, 
and was lost in the Council. The petitioners pray that law- 
costs may be diminished. 

11. In the question of the Chaplaincy of the House of As* 
semMy, as it appears on the Journals, is involved the whole 
merits of the petitioners' claims to be relieved from the undue 
interference of the Government in matters of religion. In ac- 
cordance with the petitions of the country, a bill and an ad- 
dress to His Majesty passed the House last Session. Nothing- 
has, however, been done by the Government, as far as I know, 
and now the objection is raised that there are counter-petiti- 
ons emanating from " bodies of the inhabitants far more nu- 
merous than those who have signed the petitions entrusted to 
my care." 

If the House of Assembl}", who agree with the petitioners 
by me in the above and many other essential points, are as it 
is assured by the Government they are, the true representa- 
tives of public opinion, what shall we say of the counter-peti- 
tions, in favor of whose wishes, though directly the reverse of 
those of the Assembly, His Majesty's Government has thus 
tar inclined to decide 1 

I am, &c. 

W. L. MACKENZIE, 
K2 



2a& 



Mn. Mackenzie:. 



No. 86, 

2, Poland Street, London, y 
January 19, 1833. J 

Mr Lord, 

Your Lordship having signified your desire 
that I should explain what I meant by saying that the question 
cf the unic:: of Montreal with Upper Canada is "agitated by 
authority emanating from Downing Street," 1 have now the 
honor to afford that explanation : 

So far back as 1828, the evidence of Sir R. J. Wilnaot Hcr- 
fcon and others before the Canada Committee, goes to shew 
that the question was then under serious consideration in this 
country, and also that it was not unfavorably regarded by cer- 
tain members of the government. 

In 18*29, I recollect of Mr. Fothergill, the late govern- 
ment printer, bringing the question of the dismemberment of 
Lower Canada before the House of Assembly in the shape of 
resolutions, which the majority, of which I was one, entirely 
•disapproved, as we had the unjust and iniquitous measure of 
the Union proposed at an earlier period. Mr. Fothergill kept up 
ths excitement by placing the measure on the order of the day 
©f the Session of 1830, and Colonel Elliott, another official 
person, gave a like notice in 1831-2,. which was copied into,, 
and commented on by the opposing Journals in the Sister Co- 
lony, producing* as might be looked for, any thing but good 
feelings. 

The government having at length obtained the upper hand 
In the House of Assembly at York, and having also succeeded, 
notwithstanding my expulsion and the petitions to the contrary 
of w r hich I was the bearer, in convincing your Lordship that all 
classes w r ere fully and fairly represented in it, we find the Law 
Officers of the Crown, the President of the Bank, the High 
Sheriff of the Home District, and other official persons employ- 
ed in organizing public meetings, getting up petitions, and set- 
ting the example to the Province of agitating the Province in 
favor of this plausible scheme of aggrandizement and spoliation. 

His Majesty's government in Upper Canada forms apart of 
his government here— his administration of the public affairs 
of his subjects there is a part of the general government of the 
Empire and doubtless controlled by that general government 
It is not the usual practice of the members of the King's gov- 
ernment, (so far as I understand that practice,) to agitate out 
of doors, or bring forward and support in the House of Com- 
mons, measures of the deepest general interest, such as the- 
re form of a Parliament or the dismemberment of a nation or 
province, without having first given such measures a gra*'» 



Mr. Mackenzie. 28.7 

consideration and obtained the royal countenance and appro- 
bation ; nor Uc- f aware until honored with ihe last communi- 
cation by Viscount Howick, that :: was cither usual or deco- 
rous for his Majesty's Attorney and Solicitor General to exhi- 
bit themselves as the prime movers in public meetings of the 
people of Upper Canada, of difficult and dangerous questions, 
beyond the control of a Colonial Government, and the very dis- 
cussion of which was evidently calculated to excite and keep 
up a deep feeling of alarm and dissatisfaction in the minds of 
so many thousands of his Majesty's subjects in the sister Co- 
lony, until these functionaries had first sought and obtained the 
sanction of his. Majesty's government, or that of the Lieutenant 
Governor of the Province, on its behalf, as their warrant for 
such interference. Judging from a late instance here, that of 
Sir Henry Parnell, who ceased to be a member of the govern- 
ment when he ceased to think and act with his colleagues, I 
readily inferred that the Crown Lawyers had acted under the 
very highest authority ; nor was I alone in that opinion, the 
.same observation was often made by the Canada Journalists, 
as well as in private conversation- — I should suppose that there 
are very few individuals in the Canadas who bestow attention 
on public affairs that did not form the same opinion as myself 
when they saw his Majesty's servants clothed with the autho- 
rity and influence of oflice held during the Royal pleasure, 
placing the dismemberment of Lower Canada as a prominent 
feature in the repiy to the speech from the throne at opening 
the Legislative Session. The question had been long before 
the country, a great deal of angry discussion had arisen, and 
it seemed to me just and reasonable to conclude that the offi- 
cers of the Government in the Assembly when they voted and 
carried such a resolution through that body on such an occasi- 
on, had not failed to ascertain from the head of the Colonial 
Department what was + hr> T^oyal pleasure — I felt assure^ from 
the ill success of my own efforts to effect the least change, that 
they possessed in the fullest degree, your Lordship's confi- 
dence, and that of the Lieutenant Governor of the Colony. I 
.had known instances not a {ew where the people of Upper Ca- 
nada, and 19-20ths, of the representatives of their choice, had 
condemn ed the conduct of the officers of the local adminis- 
tiation, but in all my experience J had never once found that 
any course of proceeding adopted by these officers on any OC' 
zasion failed to receive the sanction of his Majesty'' s govern- 
ment here. I do not perceive an)' very essential difference in 
the effects of a series of political measures, whether the}' are 
originated here, or invariably justified and acquiesced iu^ 
however much opposed to public o| inion, British practice, 
4)r tho views of the best informed 'la*: s of society in wliaUt*- 



283 Mr, Mackenzie; 

ever manner expressed in the Colonies in which they are t« 
be put in operation. 

The Crown Lawyers and their associates in the Assembly, 
have told His Majesty that it was necessaiy that 60,000 per- 
sons should be transferred from one Government to another, 
without their consent asked or obtained, including, of course, 
property of immense value, and the first commercial city in 
the British American Colonies. These high legal functiona- 
ries, supposed to be selected for their superior knowledge of 
the law and the love they bear to the first principles of British 
justice, would, it appears, readily violate the articles of the 
capitulation of Canada, and principles of public law, which 
secure to the natives their property and civil institutions — they 
would unsettle rights long established — they would place 
60,000 men, women and children, under the immediate ope- 
ration of that absurd jumble of British and Provincial Statute 
Enactments, (primogeniture ai:d all,) which have proved so irk- 
some to the Upper Canadians, and which the sister Province 
knows nothing of— they would oblige a population who speak 
French, to select gentlemen vested in the English laws and lau? 
guage, in order to legislate at York or Kingston for an English 
Colony — they would even abstract the speaker of the House of 
Assembly of Lower Canada from the body of which he has for 
many years been the distinguished ornament — And for why 2 

Permit one to copy the substance of their resolutions : 

Commons House of Assemblv, ) 
York, U. Canada, Nov. 6th, 1832 J 

Report of the Committee of the whole House to whom was 
referred His Ezcelle?iey's Speech, at the opening of the 
Session. 

SIXTH RESOLUTION. 

" We nevertheless feel the strongest assurance that the ac- 
* 4 quisition by this Province of a Port of Entry from the sea, 
•" where our revenue of customs may be collected by our own 
44 officers, and our foreign trade carried on unshackled by the 
" enactments of a sister Colony, is the only method by which 
" Upper Canada can obtain the full advantage of her own 
" Commerce." 

YEAS, 1 NAYS, 

Messrs. Attorney General,! Messrs. Ketchum, Buell, 
Solicitor General, Register ofjHoward, Cook, JVicCall, A. 



Northumberland, Collector of 
Customs, Port Talbot, do. do. 
Brockville, Collectorof Excise, 
Gore, Postmaster of Delaware, 
High Sheriff of York, and nine 
ethers,. 



McDonald, Morris, Norton. 
Perry, and Shaver — 10. 



Mr. Mackenzie. 289 

They would parcel off Lower Canada, just as a Russian 
Potentate parcels off his serfs, or as the European invaders of 
America parcelled off the possessions of its aboriginal inhabi- 
tants — and that, too, with far greater injustice. In the dis- 
jnemberments of Poland, of which British Historians and Bri- 
tish Statesmen have seldom spoken with much approbation, 
the unprincipled victors can at least plead the right of conquest 
— a right, such as it is, which the King's advisers in Upper 
Canada have not pleaded. — Your Lordship will see, however, 
that the same plea which was so long and so successfully urged 
in the British Parliament by the traders in human blood and 
owners ot slaves ships, is here forwarded by His Majesty's 
legal advisers, and transmitted to England as " the deliberate 
.wishes of the people of Upper Canada," — namely, the en-» 
couragement of foreign trades, commercial interests, money, 
profit. The wages of injustice ! The authorities of Upper 
Canada do not appear to have profited by the History of Na- 
.both's Vineyard. 

If I could, even for a moment, bring myself to believe that 
.the honest, unsophisticated yeomanry of Upper Canada, were 
capable of entering into the feelings and views of the authori- 
ties in such a matter as this, I would never desire to put foot 
into the country again, further than to remove my family to a 
move kind and benevolent clime ; but I know them well, and 
I acquit them of the least intention to co-operate in such a 
disgraceful act as has been proposed to be done ostensibly for 
their benefit. Neither in the petitions to His Majest}', of 
.which I was the bearer — nor, I trust, in those other addresses 
far more greviously received, which contain opinions "direct- 
ly opposite" to those which I maintain, will any design or 
purpose be found for enriching the Exchequer of Upper Ca- 
nada, and improving her commerce by the wanton plunder 
and spoliation of 60,000 French Canadians. The honor of 
that scheme, if there be any — now that his Majesty's Govern- 
ment have disclaimed any participation in it — is exclusively 
due to the chosen few who have been upheld by Government 
.(in the belief that it was for the public advantage) in all their 
projects, (some of which I have explained in former papers,) 
for dividing the people of the Canadas as Ireland is divided, 
and for governing them as Ireland is governed. The author- 
ities say they want more money, more commercial profit — ■ 
well would it be for the Colonists if the income of the Govern- 
ment were a great deal less ! Wherever the English people 
have had the opportunity, in the free States of North America, 
they have established frugal governments and mild laws. I 
am firmly convinced they would do so in the Canadas, if His 
Majesty's Government would let them, as also that England 
^ould gain by the change. 



590 Mrt. Mackenzie. 

If there are any difficulties in the way of the apportioning 
the revenue raised at Quebec, the British Act regulating ihe 
trade between the two Colonies provides an easy and obvious re- 
medy. Lower Canada years ago passed an Act appointing 
Commissioners to meet Commissioners to be appointed by Up- 
pe^ Canada, to confer upon the questions of trade and revenue, 
and prepare the way for their final and satisfactory adjustment. 
The sains Bill, word for word, except the Commissioners 
names, was introduced into the Assembly of Upper Canada, 
and agreed to, year after year — but failed always in the 
Council — (that is, with the Government,) consequently-noth- 
ing was done. 

Thus have feelings of the most unpleasant nature been kept 
alive — and had not the great body of the people in both Pro- 
vinces seen through the flimsy vail with which the executive 
officers of Upper and Lower Canada attempted to conceal the 
true object they had in view, bitter quarrels would have been 
the inevitable consequence. It is, however, clearly under- 
stood on the other side of the Atlantic, that the proposed dis- 
memberment is but one of many plans devised by men hitherto 
unfortuately upheld by the gigaatic power of this great nation in 
J6.ll their schemes, the effect of which would be the dividing and 
weakening the Colonists; and the sincere friends of the peace 
end happiness of England and Canada, look forward to the 
time in which full enquiry will be made and justice done. 

In the 4th article of the October number of the Edinburgh 
Review, the critic says — " We confess that we like to see men 
" left to act for themselves. We like the variet}' of human na- 
4t tare; We like to see different races of mankind advancing, 
'* each by its own road, to civilization. The minds of men 
*' are then in a more vigorous and healthy state. We dislike 
* 4 the lovely dead level of an universal or far extended empire, 
lt whether Roman, or Russian, cr British." — Should senti- 
ments like these be entertained by the great council of the 
nation, now about to assemble, the people of the Island cf 
Montreal will have nothing to fear from the machinations of 
the enemies of Canada, and the Canadians may look forward 
with well grounded confidence to a lengthened period of in 
ternal prosperity. 

I have the honor to be, 
My Lord, 
Your Lordship's most obedient, 

And most humble servant, 

W. L. MACKENZIE, 
The Right Honorable Lord Viscount Goderich, 

Irlls Majesty's Principal of State, Colonial 
Department, Bownin gStreet, 



Lord Howick. 291 

No. 87. 

Downing Street, 
22d January, 1833. 
Sir, 

I am directed by Viscount Goderich to acknowledge 
the receipt of your letters of the 5th and 9di and 12th instant. 
With reference to your statement that * the Government must 
" have been deceived and imposed upon," and that "the majority 
*• of Anti-Reformers is but an imaginary one," and with reference 
to the following expressions in your letter of the 9th instant, 
•* I beg, 1 entreat that I may be permitted to examine the state- 
** ments and signatures of the supposed far greater body spoken of 
" by Viscount Howick in his letter of last Saturday week, as hav- 
" ing signed these Counter petitions ; " lam directed to state, for 
your information, that in the absence of any specific ground for 
supposing that the signatures to petitions transmitted through the 
Lieutenant Governor of Upper Canada to be laid before the King- 
are spurious, Lord Goderich does not think it necessary to institute 
such a scrutiny as you propose to ui lertake. If that course of 
proceeding were adopted, the petitions or vhich you were the 
bearer, must, in equal justice, be transmitted for the same purpose 
to your political opponents. The result of such investigations 
would unavoidably be to embarrass with an unprofitable mass of 
mere personalities, a discussion already oppressed with a variety 
of irrelevant topics which have been introduced into it. 

With reference to your statement that the number of signatures 
attached to the petitions addressed to the King, and entrusted 
to your care, far exceeded twenty thousand. I am directed 
to acquaint you that in the month of November last, Lord 
Goderich directed the number of signatures to be counted, 
and that the result exhibited a number considerably less 
than twenty thousand But upon receiving the statement made b.y 
you on tins subject, His Lordship immediately ordered the enume- 
ration to be repeated, and he finds the result entirely to coincide 
with the account contained in your letter. The consequence is 
that the difference between the number of persons who signed the 
petitions entrusted to your care, and tnose who signed the addres- 
ses evincing opposite opinions is less than was originally supposed, 
altho' there is a considerable majority of signatures to the addresses. 
Lord Goderich is happy thus to admit and correct the error into which 
he was led by the inaccuracy of those 10 whom he confided a duty, 
which from its nature was necessarily placed in the hands of subor- 
dinate persons ; I must observe, however, that the question whether 
the number of petitioners who entrusted their petitions to you, 
was greater or less than that of their opponents, was one on which 
Lord Goderich did not rely in estimating the correctness of the 
opinion advanced on either aide, or in deciding on the advice to be 
tendered to His Majesty on the subject. It is upon its own merits 
that the whole case has been weighed. The reason of adverting 
to the numerical majority of the petitioners hostile to your views, 
was the claim «<"> frequently urged by you that you should be un- 
derstood as speaking the general and deliberate opinions of i.hg 



292 Loud Ho wick. 

great body of the people of Upper Canada ; a claim which the 
great, number of signatures attached to the counter petitions before 
Lord GoJerich directly repelled. 

With respect to your remark that when Mr. Randall came to 
England to complain of injustice, Lord Goderich "not only discu?- 
" sed the question with him, but also gave him a written official letter 
« pledging His Majesty's Government to do certain things," and that 
" his lordship has been less indulgent to you and to these who sent you 
" than he was to Mr. Randal/' I am directed to observe that the two 
cae^s were wholly dissimilar. Mr. Randal repaired to England to 
renonstrate against the final enactment of a Provincial Statute 
there, awaiting His Majesty's decision, which deeply afloctcd the 
interests of tire body by whom he was deputed to act. Lord Gode- 
richd : scussed that specific grievance with Mr. Randall, as he 
would have discussed with any other individual or body of persons 
any other specific measure in which they had a peculiar interest. 
You on the other hand invite a discussion of every measure con- 
nected with the administration of ihe Provincial Government, of 
every principle by which it is guided. That demand is made in 
the language of open and undisguised hostility, net with a view of 
affording the Secretary of State such information and such sug- 
gestions for the public good as your experience might enable you 
to supply, (in which light your communications would have been- 
thankfully received) but in furtherance of a direct accusation- 
against the Legislature, the Lieutenant G ivernor, the judges, and 
the Public OScers of Upper Canada collectively. Under such 
circumstances to engage with you in the wide range cf enquiry 
upon which you seek to enter, would be to direct the official corres- 
pondence of this department from its proper channel, and would 
place the Legislature and judicial and executive authorities of 
Upper Canada in a position of which they would have the best 
reason to complain, and in which they could not continue to con- 
duct the public service. 

With reference to your renewed application for permission 
to consult the proceedings of the House of Assembly of Up- 
per Canada, deposited in this office, and especially to consult 
the public journals of that House, I am desired to acquaint 
you that Lord Godericn is far from wishing to present ob- 
stacles to your enquiries respecting any part of the Public 
Affairs of the Province in which you may desire to obtain 
information. The Proceedings of Colonial Legislators used 
formerly to be bound up with the correspondence between 
the Governors and Secr^ta:-y of State, and it is contrary to 
established custom to allow strangers to have access to that 
correspondence. This was the ground on which it was 
deemed necessary that jour former application should not be 
complied with. — Cut considering the importance which you 
appear to attach to an opportunity of referring to the journals, 
and having also ascertained that, in the case of Upper Cana- 
da, there are very few years for which the proceedings of the 
Assembly are not possessed Hi volumes separate from the 



Lord Howici 29$ 

correipondence of the Department^ Lord Goderich 1ms in- 
structed the Librarian to place any Papers of that nature be- 
fore you, whenever it shall suit your ovvni convenience to 
make a personal application for them. 

, The bill which you stale io have passed the Provider.) 
Assembly, for encreasing the representation of the County of 
York to six Members, has not been received at (his Depart- 
ment. — Should your information on that subject prove to bo 
accurate, the most conclusive proof wijl have been given, that 
the House are willing to concur with* the other branches of 
the Legislature, in relieving the people at large from any 
grievance under which they may be supposed to kbor. 

With reference to the remarks which you made on the case 
of Mr. Christie, and on the different mode of proceeding 
adopted by Lord Goderich on the subject of that gentleman's 
expulsion, and with regard, to your own, it is necessary to 
remind you of the wide difference between the two cases.— 
Mr. Christie preferred a petition to His Majesty for a redress 
of a grievance under which he represented himself to labor, 
and His Majesty could not, unless it had been thought proper 
entirely to suppress a complaint from one of His Subjects, 
pursue any other course than was adopted. Lord Goderich 
does not understand that you have ever invoked the aid of 
Government iri' the same manner. — To have addressed a 
communication to the Assembly of Upper Canada on your 
case, would have been a gratuitous interference with the pro- 
ceedings of that body. Had you preferred a petition to His 
Majesty respecting any grievance under which you deem 
yourself to labor, it would undoubtedly have been the duty of 
His Majesty's Government to give their best consideration to 
that, as to any other petition proceeding from any of His 
Majesty's Subjects. . 
I am, Sir, 

Your most Obedient 

Humble Servant, 

HO WICK. 



No. 8#. 

Lord Flowick presents his compliments to Mr. Mackenzie 
and will be happy to see him, if he will be good enough to 
caJl on him, Monday, at 12 o'clock. 
Colonial Office, ) 
7th March, 1833. J 

Memo.— 'This note was addressed to me on the occasion 
S2 



'294 Dismissal of 

on which the Colonial Officer resolved to change the Attor- 
ney and Solicitor Generals of Upper Canada, in answer to 
my representations as to their conduct. 

W. L. MACKENZIE. 

1st January, 1835. 



No. 83. (a.) 
BissssIss&I of the Crowra ILawyers. 

In the first week in March 1833, certain representations were 
made by Mr. Mackenzie, a member of this committee, to His Majes- 
ty's Government, respecting the conduct and proceedings of the At- 
torney and Solicitor General of Upper Canada ; these representa- 
tions were taken into immediate consideration, and despatches 
transmitted to Upper Canada. The following account of the dis- 
missal from office of Mr. Boulton and Mr. Hagerinan was sent to 
the Editor of the York Courier by the present Chief Justice of 
Newfoundland ; and the commentary of the Editor is annexed. 

[From the Courier of Upper Canada, of May I, 1833.] 

DISMISSAL OF THE CROWN OFFICERS OF UPPER CA- 
NADA BY LORD VISCOUNT GODERICII. 

In a postscript to a considerable proportion of the last Saturday's 
Courier, which were mailed for the country, we announced the 
fact, that Henry John Boulton, Esquire, and Christopher Alexander 
Hagerman, Esquire, had been removed from the offices of Attorney 
and Solictor Generals, of this Province; but neither space nor 
time admitted of our explaining the causes of that removal in that 
Postscript . 

Since that publication we have received the following commu- 
nication, together with che accompany nig documents, from Mr. 
Ex- Attorney General Boulton, which we hasten to lay before the 
people of Upper Canada : — 

To the Editor of the Courier of Upper Canada. 

York, April 30. 1833. 
Sir: 

Having filled for the last sixteen years the situation of a Law 
Officer of the Crown — first as Solicitor General, and latterly as Attor- 
ney General of this Province : and having, without a previous inti- 
mation of any part of my conduct, official or political, being disap- 
proved of by His Majesty's Government, been suddenly removed from 
office, I feel it to be an act of justice to myself, a3 well as Mr. Ha- 
german, who is now absent from the Province, and whose dismission 
is announced in the same despatch, not to leave room for unfounded 
and injurious surmises, as to the cause of our removal. I do not know 
that I can adopt any measure so satisfactory for this purpose, as the 



Crown Officers. £95 

publishing merely withou! comment, the official correspond*! i 
which hag attended this unexpected measure of His Majesty Vlioveiu. 
meat. 

Your obedient servant, 

H. J. BOULTON. 



Government Hovsk. ? 
April 29. 1833. \ 

I have the honor, -by the direction of the Lieutenant Governor, 
to tra u the accompanying copy of a despatch from tilb- 

ury of State for the Colonics, in which his Excellency i» in- 
■trncted to inform you and the Solicitor General, that His ?1 
regrets be can no loi .. mi services; and that you 

&ro to be relieved from cue duties ofybux respective offices. 
I have &c. 

WM. ROW AN. 
HENRY JOHN BOULTON, Esquire, 
&.s. &c. &c. 



No 113. (CC 



Downing Str$kt, 

March 6. 1^3^ 



Sum 

Bv the accounts II received of the proceedings of the 

Legislature of Upper Canada, I have learnt that the Attorney and 

Solicitor General of that Province, have in their places in the As. 

part directly opposed to the avowed policy of His 

Majesty's Government. As members of the Provincial Parliament* 

Boulton and Mr. Hagerman, are cf course, bound to act upon 

uost for the interest of their constituent?., 

and of the Colony a: large — but ifu] on questions of great political 

rtancc, the JifFer in cpiniun from ills Majesty*!! 

ament, it is obvious that they cannot continue to hold conff- 

is in His b irice, without cither betraying 

their duty as members of the Legislature, or bringing the" sincerity of 

: veimmcr-. y their opposition to the policy which 

His Majesty has : -een advised to pur- 

His Majesty can hav hhoulionand Mr. Hagcrmaa 

should adopt the first of these a'terrmh : — I it on the other hand, he 
• measures of 111- to be impeded bv tho 

opposi Sicers of the Crown. In order there 

hose gentlemen may be at full liberty as members of the Lovjs. 
Iature he dictates of their own judgement, I have rec 

His Majesty form yon that he regrets that be ran 

no longer avail himself of their services, and that from the th 

3d from the j 

>sed upon thf i . sir respectiv« 
You will transmit copies of this despatch to r.lr. Boulton and Mr. 
Hagei 

?r &c. &c. 
GODERH Tl. 
[B K I 
fee- 



296 Dismissal of 

York April 29. 1633. 
Bm : 

Under tho circumstances in which I find mynelf suddenly placed, 
without any previous intimation from Hie Majesty's Government, 
Mid more especially in the abscence of the Solicitor General, v. ho is 
equally affected by the meesure with myself, I feel it due to him as 
well as to myself, and. to our respective friends, to request that hia 
Kxcellency will have the kindness to inform me for what breach of 
public duty ilis Majesty has been advised to remove us from office ? 

1 have the honor &e. 

(Signed) H. J. BOULTOK, 

fo Ia. Cot. ROWAN, 

Private Secretary to the Lieut. Governor. 



Government House. \ 
April 29. 1833. S 
S^a: 

1 have the honor Jo acquaint you in reply to your letter of this 
day, that the Lieutenant Governor understands, that the part of yonr 
political proceedings to which the despatch of the Secretary of State 
particularly adverts, is that yon and the Solicitor Geneva!, promoted 
the repeated expulsion of a member of the Assembly, although tho 
constitutional objections' to that course hud been conveyed to iiia 
Excellency by His Majesty's Government, and were, it is concluded 
communicated by him to you. 

I have the honor, &c. Sec. 
(Signed) Wm. ROWAN, 

To H. J. BOULTON, Esquire. 

&,c. &-C. &.C. 

This is is a summary procedure most assuredly — and as high- 
handed and arbitrary a stretch of despotic power as has been en- 
acted before the face of high heaven, in any of tho four quarters 
of th;s nether world, for many and many a long day. The Duke of 
Wellington's conge to Mr. Huskisseri was cavalier enough in ail 
conscience, but the Duke did riot divest MK Hubksson of his offic , 
until Mr. H. had made a conditional tender of his resignation to 
his Grace — and yet the con !uct of the Duke in displacing Mr. II. 
even under those circumstance?, without offering him Further op- 
p irtun'ities for explanation, viewed by the whole empire as being 
unjustifiably capricious and arbitrary. But this dismissal of the 
Crown Odicers of Upper Canada by t!ie Lord Viscount of Gode- 
rich, because those gentlemen, in the independent discharge cf 
flieir Legislative duties and in obedience to the known and decid- 
( d y expressed sentiments' of three fourths of the whole peopl'j uf 
Uj per Canada, and nine-tenths of their own immediate const&u- 
niitsj concurred with a large majority of the Representatives of 
the Canadian people, in exp Ping from the House of Assembly a 
worthless and degraded member of that body ; who libelleii 
grossly abused the House and the Speaker of the House, 
.vho, setting all the forms and usages of the Lrgis* 
lative bodies at u.ter Ueiiance, co nplelely put a slop to 



CftOWN OFFICERS. C J^7 

the business of the country : the dismissal, we rtfy, of these, 
gentlemen by Ford Goderich, for such a reason, or rather, under 
such a pretence, upon m*»re heresay evdencetoo, through Macken- 
zie or the newspapers, without any previous intimation of his 
Whig-ship's high displeasure, and without affording them n moment** 
tune to defend themselves, or explain their conduct, is an infinitely 
inure high lnmded and despotic measure, than any even yet as- 
cribed to the Duke of Wellington, or, we venture to sav, was ever 
thought of by that Nobleman. 

The dismissal of these gentlemen, for such reasons, cannot be 
viewed as a mere personal question, affecting not only the interests 
or the two officers who have been removed : bur it is a public 
question ueepiy affecting the rights and liberties of the people of 
this Colony-r-the freedom of election, and the privileges of the. 
people's representatives. For, if the coioninl minister for the time 
b.-iiig assumes to himself the power of dictating to the represent*, 
lives of the Canadian people, whaj they shall do and what they 
shall not do in their Legislative capacity, and punishes such of 
those representatives as he has the power of punishing, for not act- 
ing agreeably to Irs d elation, it is very ea«y to soe that the Legis- 
lature must soon degenerate indeed into a band of " slaves and syce- 
p lant^ ;" since no member who hold- a public offi e, and no m°rn- 
b r who desires to ob'am a p/ihlic office will dare to oppose the 
mandate of the ex'Stiny colonial minister. 

And what would be a still more degrading and demoralizing ef- 
fect of such a system, if persisted in, it would render the rep- 
resentative bquy as inconsistent and unprincipled, as it would be. 
slavish ami sycophantic; since the piembersof that body, in 
order to please the government for the tinje being, must of course, 
chamelion-like, change their political hue, irith every ministerial 
change, of these ever changeful. Such, however, is the man- 
date of this sapient Lordling; who declares, we are informed, 
that all persons Holding offices under the government, are expect- 
ed to support the views and directions of that government, or 
they will be instantly removed from office ! ! 

Further marks of His Lordship's displeasure at the recent 
proceedings of the two Houses of the Provincial Parliament, we 
understand are threatened. And nobody can tell what ridiculous 
caper this political imbecile may next enact. The dissolution of 
the Parliament; the recall of the Governor; the dismissal of the 
Chief Justice ; and many other equally mad & ruinous projects are 
said to be in the contemplation of this foolish Colonial Minister. 
(On* of the very worst effects of such a condition of affairs is, 
that it reduces every thing iu the country to a state of uncertain- 
ly : with tie past acts of this minister the great bulk of the peo- 
ple are displeased or disgusted ; and with reference to his future 
acts, they apprehend nothing but mischief and disaster, both to. 
the Colony and the Empire. The minds of all the well affected 
people in the country (and they, to the certain ultimate discom- 
fiture of the united factions of Mackenzie, Goderich and the 
Yankee Methodists, are a vast majority) begin to be unhinged. 
Instead of dwelling with delight and confidence upon the;r con- 
nexiQn with the glorious Einpiie of their sites, with a deleinit- 



2\)Z Dismissal of 

nation to support that connection as man)' of them have alrea- 
dy supported it, with their fortunes or their blood, their a 
tions are already more than half alienated from the Government 
of that country, and in the apprehension that the same insulting 
and degrading course of policy towards them is likely to be con- 
tinued, they already begin to " cast about" in ** their mind's eye," 
for some new state of political existence, which shall effectu- 
ally put the colony beyond the reach of injury and insult from 
any and every ignoramus whom the political lottery of the day 
may chance to elevate to the chair of the Colonial Office. 

This is strong language ;jTfae fools and the knaves of the Yankee 
Republican faction, whom Lord Goderich delightethto honor — 
and the fools and knaves of the Canadian Republican press [and 
they are all fools or knaves] will affect to condemn and ridicule 
that language— but, it is true! It is not the mere circumstance 
of the dismissal from office of Mr. Bouhon, or Mr. Hagerman, 
hut it is the disposition which this Lordling of the Colonies, has 
evinced to countenance and protect the odious, despicable, un- 
principled and puny faction, which has been labouring for years 
to dissever the Colony from Britain, and to set up democratic 
Republicanism in its stead ; and the equally despicable and un- 
principled emissary of that faction: and the disposition, which 
he has at the same time, as a consequence, shewn to annoy, insult, 
and injure the feelings of the great and respectable majority of 
the Canadian population, who disa-owed and condemned the 
conduct and the representations of that emissary and that faction ; 
it is this we repeat, and not merely the dismissal of the gentle- 
men in question (which constitutes only one prominent instanoc 
of the disposition and designs of the Colonial Secretary) that lias 
alienated the affections and produced the feelings of resentment, 
and the views with regard to the future, which we have des- 
cribed. 

" Fools never learn wisdom ;" or, one might have hoped that 
the; experience which the present foolish ministry* have had of 
the consequences of setting up their opponents and putting down 
their supporters ; of taking their enemies by the hand, and throw- 
ing cold water in the faces of their friends, would have ere this 
taught them the propriety of abandoning this amicable iniquity ; 
hut, the ruinous folly which has been enacted in Ireland, in Ja- 
maica, and in the Mauritius ; is, it appears, in spite of dear 
bought experience, to be re-enacted in Upper Canada, and the 
Lord knows, perhaps in all the other colonies of the Empire. 

In Ireland, in accordance with this imbecile policy, the Go- 
vernment have alienated the affections, and made deadly enemies 
of the fastest friends of the British Throne — while they have ad- 
ded tenfold to the pcv.:er and to ike enmity of their former foes : 
and 20,000 additional bayonets, are consequently, required to 
keep the people of Ireland from' weltering in each other's blood, 
and from annihilating every vestige of order, government and 
taw. 



* From this genera! character there are Uyo or three distinguished ex.- 

ccj)iio.i-'. 



Crow* QfiWERS. 299 

In Jamaica, in pursuance of the same policy, they have stimu- 
lated the blacks to cut the throats of the whites — and now in 
order to prevent the blacks from cutting any more throats, or to 
protect them in doing so (for there is really no telling which is 
the object of ou* sapient Minister), the same Cabinet are obliged 
to send 5,000 additional swords and bayonets to that devoted 
Island. 

In the Mauritius — in accordance with a similar policy, th<* 
same measures have been pursued, and the same necessity for re- 
sorting to additional bayonets has been the consequence. 

And now the same imbecile experiment is to be pursued in 
Upper Canada — but if it is persisted in — the moral and physical 
force of the great and overwhelming majority of the Canadian 
people, whom it will be necessary for Lord* Goderich to deal 
with, will be too powerful to be subdued or influenced by any de- 
monstrations of this kind. 

We hope, however, for the best — we hope that though "fools 
may not learn wisdom," they may, at least, be arrested in their 
career of folly : and that the consequences, which no honorable 
or patriotic mind can contemplate without shuddering, may 
therefore be averted. 



No. 89. 

Colonial Office, 

May 17 th, 1833. 
Sir, 

I am desired by Mr. Secretary Stanley to acquaint you* 
that he will be enabled to see you on Monday, at half past 
one o'clock, if you can call here at that time. 
I am, 

Yours Obediently, 

RICHARD EARLE. 
IV m, McKenzie, Esq. 



No. 90. 

Downing Street, 

14th May. 
Sir, 

I am directed by Lord Althorp to acknowledge your 
letter of the 22d August, and to thank you for the informa- 
tion contained in ir-. 

I have the honor to be, 
Sir, 

Your Ob't Servant, 

W. L. WICKHAM. 
IT. Mackenzie, Esq. 



200 Uetuuns; 



No. 91. 

S. G. O. Toronto , U. C. 

Tih April, 1835. 

SlBj 

In compliance with the wishes of tlio Committee on 
Grievances, I beg leave to enclose to them a paper contain- 
ing certain Querns, transmitted to Hie yesteiday, with the 
blanks filled up as requested. 
I have the honor to be; 
Sir, 

Your Oh't Servant, 

J. P. I1URD, S. G, 
The Chairman of the } 
Vofiimittee on Grievances, > 
fyc. 8fc. Sfc. ) 



No, 92; 

J. COLBOHNE, 

The Lieutenant Governor transmits to the House of 
Assembly, in compliance with the Address of the 10r.fi instant, a 
Return of the Justices of the Peace, and Commissioners of the 
Courts of Requests, for the several Districts, with the dates of 
their commissions. 

Ill reply to the inquiries contained in the same Address, the Lieu- 
tenant Governor acquaints the House, that the Justices of the 
Peace are appointed by commission, under the great seal of the 
Province, the selection being made by the Lieutenant Governor for 
the time being; acting' in the name of the King. 

The Commissioners m the Courts of Requests, are appointed in 
a manner directed by the second section of the Statute 3d William 
4th, Chap L 

A copy of the instructions which have been issued by the In- 
spector General to Collectors of Customs is annexed. The Lieu- 
teaant Governor is not aware of any other instructions having 
been given either to Collectors, Sheriffs, or Clerks of the Peace, 
respecting their personal attendance to the duties of their situa- 
tions. When the right to appoint a deputy is conferred by law it 
cannot be disputed by the Executive Government. The officers, 
however, holding these appointments become responsible to the. 
Jaw of the land for their canduct and for a correct discharge of 
their duties ; and are liable to be removed by the crown. 

The Lieutenant Governor transmits, in compliance with the 
same address of the House of Assembly, a Return of persons who 
were members of the last House of Assembly, and who have ac- 
cepted offices of emolument under the Provincial Government 



Kltuun. 301 

since the Genera! Election in 1830. — Tha places and situation* 
which they hold, were conferred in the same manner as appoint- 
ments have been always made to similar officer?, and in the man- 
ner required by the laws of the Province. 

The Lieutenant Governor, in compliance with the same address 
of the House of Assembly, transmits also a Return of all members 
of the present House of Assembly, who hold offices or employments 
■of profit and emolument under the British/ or Colonial Govern- 
ments, or who enjoy pensions, half pay, or retired allowanc?s, so 
far as the Lieutenant Governor has the means of procuring infor- 
mation on these subjects. 

When the duties of such officers are not precisely directed by 
law, the Lieutenant Governor can only assume the nature and ex- 
tent of them from the statements of the parties themselves, which 
JiTive for this purpose been called for, and to which the Lieutenant 
Governor refers the House. 

The Lieutenant Governor is requested by the same address to 
give whatever information it may seem to him proper to communi- 
cate in respect to the powers, duties, and responsibilities of the 
Executive Council ; how far that body is responsible for the acts 
of the Executive Government, and how far the Lieutenant Govern- 
or is authorized by His Majesty to act with or against their advice. 

Upon this request of the House of Assembly the Lieutenant 
Governor acquaints the House, that in respect to the powers of tha 
Executive Council-— in ne^asq, he believes, are powers committed 
to them, except by the express provisions of British or Colonial 
Statutes, which are known to the House of Assembly. 

In respect to the duties of the Executive Council in addition to 
those which are imposed by statutes, it is necessary that the Exe- 
cutive Council should concur with the Lieutenant Governor in de- 
ciding upon applications for lands, pursuant to His Majesty's in- 
structions, and in making regulations relative to that department 
of the Government. It is also the duty of the Executive Council 
to afford their advice to the Lieutenant Governor upon all public 
matters referred to them for their consideration. The responsibi- 
lities under which the Executive Council discharge this important 
and confidential duty depend upon the principles of our constitu- 
tion, and upon the law of the land ; and the Lieutenant Governor 
possesses no sources of information upon this question., which are 
not equally accessible to every inhabitant of the Province. It i?, 
of course, generally understood that the Lieutenant Governor, for 
the time being, and members of the Executive Council, are respon- 
sible to His Majesty's Government for their conduct, and are re- 
movable at the pleasure of the King. 

In reply to the last enquiry contained in the address, the Lieu- 
tenant Governor acquaints the House, that where the provisions of 
any statute require the concurrence of the Executive Council to 
an act of the Government, it cannot be dispensed with, and what- 
ever responsibility attaches to the particular act, must obviously be 
shared by the Executive Council. 

In other cases, it is to be presumed that the Lieutenant Governor 
for the time being, exercises his judgment in regard to demanding 
the assistance and advice of the Executive Council, except he is 
co".*^e. to a certain course by the instructions of His Majesty,, 

T2 



302 Executive Council. 

Upon the subject of these instructions, the Lieutenant Governor is 
of opinion, that it would be inconsistent with his duty, os the 
House of Assembly appear to conclude* to entei into particular ex- 
planations without the consent of His Majesty's Government. 

Government House, 20ih February, 18o5. 



No. 92. (A.) 
The Executive Council* 

Statements topied by W. L. Mackenzie, Esq. from ihe Records of 
the Executive Council, in the Colonial Office : 

[copy.] 
u Quebec, 14th Sept. 1811. — Sir : — Herewith you will receive 
an additional instruction from His Royal Highness the Prince 
Regent, appointing you in the name and on the behalf of His 
Majesty, as the Senior Officer, commanding the troops in Upper 
Canada, Senior Member of the Council of that Province, to enable 
you to succeed to the civil administration of it upon His Excellency 
Lieutenant Governor Gore's availing himself of the leave of ab- 
sence which has been transmitted to him by this opportunity." — 
" I have the honour to be, &c. 
(Signed) GEORGE PREVOST. 

"To Major General Brock." 

[copy.] 
"In the name and on the behalf of His Majesty — "George, P. R. 

ADDITIONAL INSTRUCTION. 

[L. S.] To our trusty and well beloved Sir James Henry 
Craig, K. B., and K. C., our Captain General and Governor in 
Chief in and over our provinces of Upper and Lower Canada in 
America, or in his absence to our Lieutenant Governor or Com- 
mander in Chief of our Province of Upper Canada for the time 
being. 

Given at our Court at Carleton House, the 13th day of July, 
1811 ; in the 51st year of our reigir 

WHEREAS by the fourth article of our general instructions 
bearing date the 29th day of August, 1807, WE did nominate and 
appoint certain persons therein named to be members of the Ex- 
ecutive Council of Our province of Upper Canada, NOW WE do 
hereby revoke, annul, and make void so much of the said fourth 
article of our said instructions as relates to such nomination and 
appointment. And We are hereby pleased to constitute and ap- 
point Gordon Drummond, Esq. Major General of our Forces, or 
the Officer commanding ourProvince for the time being, Thomas 
Scott, Esq. our Chief Justice, or lhe Chief Justice of our Pro- 



Magistrates. 393 

> for the time being, Jacob, Lord Bishop of Quebec, James 
Baby, Alexander Grant. John McGill, and William Dunnner Pow- 
ell, Esquires, to be members of the Executive Council of our 
raid Province of Upper C 

:ned) GEORGE P. It." 

'•To Sir Ja:-:i < H. Craig, K. is." 

It appears that it is the duty f the Lieutenant Governor to- 
take the opinion of the Executive Council only in such cases as 
he shall be required to do so by his instructions from the Impe- 
rial Government, and in such other cases as he may think fit. It 
appears by the following transactions that the Lieutenant Gover- 
nors only communicate to their councils so much of the private 
despatches they receive from the Colonial Office as they think lit, 
unless in cases where they are otherwise specially instructed : 

Colonial Office' 20th May, 1808.-,F. Gore. Governor, requested 
the advice of the Executive Council, relative to the time of dissolv- 
ing 1 the present Parliament and convokinga new one — they respect- 
fully concur with His Excellency in opiniion that the writs, &c. 
should issue forthwith. 

[copy.] 

Council Chamber, at York, Sat. 8ih Oct. 1808.— Present F. 
Gore, Lieutenant Governor, Chief Justice Scot?, John McGill. — 
His Excellency laid before the Council the following extract of a let. 
ter addressed to nun from Lord Castlereagb, Principal Secretary 
for the Colonies, d§ted Downing Street, 14th June, 1808. 

'• His Majesty has been graciously pleased to approve of your 
recommendation of Mr. McGill to succeed Lieut. Colonel Shaw as 
one of the ordinary members of the Executive Council, and Mr. 
Powell and Mr. Seloy to be honorary members of that board." 

" In conformity to the obove significat on of His Majesty's plea- 
sure, His Excellency aid administer the oaths required to be taken 
by the members of the Executive Council to William Dummer Pow- 
ell and Prideaux Selby, and they took their seats as members.'' 

25-h Oct. Lieutenant Governor Gore, came to the Council and 
ordered summonses to Messrs. Powell and Selby to attend each 
council as ordinary members. 

At the Council Chamber, York, 13th July, 1S09, Lf. Governor 
Gore laid before the Council the following extract of a letter that 
had been addressed to him by the Secretary, Lord Castlereugh : 

" H s Majesty has been graciously pleased to approve of your re- 
commendation of Mr. Justice Powell to succeed Mr. Husseii &* au 
ordinary member of the Executive Council." 



No. 93. 
Upper Canada. 

Be turn of the Magistrates of the Western District &p* 



sol 



Magistrates. 



pointed under a Commission of the Peace dated the Win' 
November, 1833> 



After the Members of the Executive and Legislative Coun- 
cils and the Judges of the Court of King's Bench. 



Francis Baby, 

Jean Baptiste Baby, 

George Jacob, 

William Duff, 

John Dolson, 

William McCrae, 

William 3IcCormick r 

William Jones. 

Israel Smith, 

Claude Goiun, 

Isaac Bel!, 

George Jacob the Younger, 

William Berczy, 

Jean Baptiste Ma^on, 

Charles Eliot,' 

John G. Watson, 

Charles Berczy. 

Lewis Gordon , 

George Kirby, 

Duncan McGregor, 

James Askin, 

Francis Caldwell, 



Matthew Elliott, 

Charles Fortier, 

William Elliott Wright, 

John Prince, 

Joseph Woods, 

Robert Jones, 

Duncan Warren, 

James AV. Little, 

Joseph Smith, 

Alexander Walker, 

Henry Jones, Senior, 

George Hyde, 

Alfred Toulmin, 

Robert Watson, 

Frome Talfourd, 

Henry Jones, the Youngt 

George Durand, 

Alesa^der Thomas E. Vidal, 

Field Talfourd, 

Lewis Rendt, 

Harry Alison, 

Arthur William Freear, 



John Scratch, 
Piideaux Girty, 



ROTHWELL. 

William Ambndge, 

Secretary's Office, \ 

Toronto, V3th Feb. 1835. ) 



I certify that the forogoing is truly extracted from the Re- 
gistry in this oilice — Book G. Folio 134. 
c ' D. CAMERON, 

Secretary acd Registrar- 



No. 91. 
Upper Canada. 

Beti'RN wf the Magistrates of the District of London, * r 



Magistrates. 



305 



pointed under a commission of the peace, dated tin 25th 
July, 1833. 



After the Members of the Executive and Legislative Councils 
and the Judges of the Court of King's Bench. 



Peter Teeple, 
Thomas Hornor, 
James Mitchell, 
Joseph Ryerson, 
Thomas Boulby, 
Mahlon Bur well, 
George C. Salmon, 
James Hamilton, 
James Graham, 
James Racey, 
Lesslie Patterson, 
Ira Schofield, 
Henry Warren, 
John Bostvvick, 
John Hatch, 
Solomon Lossing, 
Israel Wood Powell, 
William Wilson, 
Andrew Dobie, 
Edward Allan Talbot, 
Duncan McKenzie, 
Henry White, 
James McKinlay, 
Isaac Draper, 
Jacob Potts the Younger, 
John Kirkpatrick, 
Duncan Campbell, 
Henrv Carroll, 
John WaddeJl, 
Gilbert Wrong, 
Samuel Edison, 
John McDonald, 
Duncan Warren, 
William Robertson, 
John G. Lossey, 
John Burdeck, 
John Scatchard, 
Benjamin Wilson, 



Charles Prior, 

John Brewster, 

Peter Hamilton, 

Colin McNeilledgr, 

Captain Andrew Drew, 

Major James Bar wick, 

James Hutton, 

Peter Carroll, 

James Ingersoll, 

John Bur well, 

Robert Grey Kirkland, 

Alexander Richardson, 

Roswell Mount, 

Joseph B. Clench, 

James Nevills, 

Samuel Eccles, 

William Young, 

Colonel Alexander Whalley 

Light, 
John Warren, 
Captain Robert Dunlop, 
Edward Buller, 
Captain Philip Graham, 
Christopher Beer, 
Thomas Radcliff, 
Edward Ermatinger, 
Jnmes Clement Crysler, 
John McFarlane, 
Captain Robert Johnson, 
Eliakim Malcolm, 
Benjamin Springer, 
John Boys, 

William Gordon, (of Zorra) 
John Philpot Curran, 
Walter McKenzie, 
Henry Allison, 
Richard N. Star, Esqrs.--74. 



(Off 



Magistrates, 



SECRETARY'S OfFFCE, f 

Toronto, 13th Feb.lSSo, f 

I certify that, the foregoing is tsnly extracted from the Re- 
gistry in this office — Book G. folio 117. 

D. CAMERON, 

Secretary fy Registrar, 



No. 95. 
Upper Canada. 



Return of the Magistrates of the District of Niagara, ap~ 
pointed under a Commission of the Peace, dated the 
31s* May, 1833. 



After the members of the Executive and Legislative Councils 
and the Jadges of the Court of King's Bench. 



James Muirhead, 
Robert Nelles, 
William Crooks, 
Robert Grant, 
Peter Ball, 
Samuel Street, 
George Adams, 
George Keefer, 
Thomas McCormick, 
Alexander Hamilton, 
James Cummings, 
James Macklem, 
John D. Servos, 
William Hamilton Merritt, 
Warner Nelles, 
George Bali, 
John Usher, 
Robert Hamilton, 
Henry Warden, 
Daniel McDougall r 
Mordon Crysler, 
Thomas Merritt, 
John Powell Tweed, 
Henry Nelles, 
James Black, 



William Anthony, 

John Claus, 

Geo. Stevens, late 76ih Reg> 

of Foot, 
Robert H. Dee, 
David Thompson, 
Henry William Nelles, 
Smith Griffin, 
Benjamin Canby, 
Edward Evans, 
Thomas Butler, 
George Rid out, 
General John Murray, 
Robert Mellville, 
James Lockbart, 
John C. Bah, 
William Ball, 
John Mewburn, 
Lewis Clement, 
Ogden Creighton, 
James Robinson of the Falls* 
Lieutenant Colonel Philip 

Delatre, 
Malcolm Lano-, 
Jacob Keefer, 



M 



\CISTRATES. 



307 



.James H. Mackenzie, 
William Mylne, 
Dr. John Lefterty, 
George Rykert, 
James Birdsall, 
George Connolly, 
Bartholomew Tench, 
William Nelles, 
William Duff, 
William Smith, 
Alexander Douglas, 
James Johnson, 
Lieutenant Colonel Arthur 

Jones, 
Edmund Ricely, 
Henry Mittleberger, 
William Adams, 
James W. O. Clark, 
John McGlashan, Jun. 
Cyrus Sumner, 



Elias Smiih Adams, 

Captain Tench, 

Isaac Johnson, 
Michael Graybiel, 
Amos Bradsliaw, 
Duncan McFarland, 
Lesslie Pattesson, 
_ John Cleveland Green, 
Nathaniel Pauling, 



John Gibson, 

Richard Wood' ui% 

John S. Alma, 

Croweil Wilson, 

Lieut. Charles Jones, R. N. 

James Cooper, near Queen- 
ston, 

Samuel Birdsall, (Canboro*) 

W T m..lVL Ball, (Niagara) Es- 
quires— 34. 



Secretary'? Office, ) 

Toronto, 13£/t February, 1835. ji 



I certify that the foregoing is truly extracted from the Re- 
gistry in this office, Book G. folio 103. 

D. CAMERON, 

Secretary $f Registrar. 






No. 96. 
Upper Cas&ada* 

Return of the Magistrates of the District of Gore, appoint- 
ed under a Commission of the Peace, dated the 2nd 



April, 1833. 



After the members of the Executive and Legislative Councils 
and the Judges of the Court of King's Bench. 



William Crooks, 
John Willson, 
James McBride, 
Hugh Willson, 
William Ellis, 
James Racey, 
Matthew Crooks, 
Daniel O'Reilly, 



John Second, 
Philip Sovereign, 
Manuel Overneid, 
William Proctor, 
Thomas Lepard, 
Thomas Smiih, 
WHnairi Holme, 
Elijah Secord, 



SOS 



Magistrates. 



Robert Murray, 

Richard Beasley, 

Wiiliam Chisholm, 

William Scollick, 

"William Dunlop, 

William Richardson, 

Thomas Stephens, 

AVilliam McKay, 

Robert Land, 

Peter Hunter Hamilton, 

William B. Van Every, 

Benjamin Wilson, 

Nathaniel Bell, 

Alexander Proudfoot, 
Henry Trout, 

John Chalmers, 

John Sterritt, 

Henry Strange, 

William Heath, 

Samuel Crawford, 

John Watson, 

John Inglis, 

Job Loder, 

William Birt, 

James Winniett, 

James Gilpin, 

William Muirhead, 

Thomas Armstrong, 

Hiram Smith, 

Andrew Gage, 

James Wilson, 

Charles Kenned}', of Erin, 

John Burns, 



Thomas Fyfie, 

Hugh Crene, 

Charles Prior, 

John Brewster, 

John Sprau*, 

Daniel K. Servos, 

Daniel Lewis, 

Absalom Shade, 

Alexander Roxborough, 

Edward Richie, 

David Archibald MacNab, 

Michael Aikman, 

Edmond Huntley, 

GeofTry Lynch, 

Colin Campbell Ferrie, 

Osmond Charles Huntley, 

Haycock, 

Joseph Bowes, 

George Brown, 

Charlos Biggars, 

John Williamson, 

John Lowe, 

Thomas Choate, 

Geo. Chisholm, the Younger, 

Andrew Todd Kirbv, 

John Aickman, the Younger, 

Thomas Harris, 

James Hamilton, 

James B. Ewart, 

William Reynolds, 

Rowland Wingfield, 

George Hamilton, 

Francis Leonard, Esqrs. — 82. 



Secretary's Office, > 

Toronto, 13th Feb. 1835. f 

I certify that the foregoing is truly extracted from the Re- 
gistry in this office— Book G. folio 93. 

D. CAMERON, 

Secretary fy Registrar, 



No. 97. 
dipper Caiaada. 

Rettjrx of the Magistrates of the Home Distri&t, appointed 



Magistrate*, 



30 



under a Commission of the Peaee, dated the Q7th 
llfareh, 1833. 



After the members of the Executive and Legislative Coun- 
cils, and the Judges of the Court of King's Bench. 



Alexander Wood, 

William Chewett, 

Grant Powell, 

Stephen Jarvis, 

William Thompson, 

William Tyler, 

D'Arcy Boulton, 

James Miles, 

James Fitzgibbon, 

Francis Hewson, 

Frederick Star Jarvis, 

Robert Charles Home, 

John Beikie, 

William Benjamin Robinson, 

John Scott, 

William Parsons, 

Christopher Widmer, 

James O'Brien BoUchier, 

William Bunlop, 

Robert Stanton, 

John Gamble, 

William Preudfoot, 

Wm. Johnson, of Gcorgina, 

William Turner, 

William Crookshanks, 

Lewis x\!go, 

Arad Sm alley, 

John Galbrairb, 

John Bagwell, 

P-ter McDbnaM, 

I 

h C-irtcr, 
A Ridout, 
!es Cox well Small, 
JolfB Lemon, 
Will ill, 

Monger- 
Jose : 
Lawrence Havden, 

va 



John Borlase Warren, 
Alexander Armstrong, 
George Ramsay, 
William Woodin, 
Thomas Gummersal Ander* 

son, 
James W. Hamilton, 
Edward O'Brien, 
John C. White, 
Edward Favel Davis, 
Malcolm Ross, 
Arthur Carthew, 
Charles Stanley Monck, 
James Adam, 
Robert Oliver, 
William B. McVity, 
William Warren Baldwin, 
James Winniett, 
William Gamble, 
John King, 
George Monro, 
Andrew Mercer, 
Thomas Birchali, 
Alexander Murray, 
Robert Gillespie, 
John Ross, 
John Spread Baldwin, 
James Frederick Smith, 
Peter Paterson, 
James Q-. Chewett, 
D>vid Sicilian, 
Thomas Gibbs Cidouf, 
.Waller O'lLira, 
^ : ,. : vrr.-j T. Demise^, 

;rt Harding, 
John Scarlet, 
Benjamin Thorne, 
Pit inrd Gasper, 
John Ban ick, 
Simon Lee, 



.11(5 



Magistrate* 



Joseph Wadswoitti, 

James Baldwin, 

Thomas B. Phillips, 

William Campbell, 

Josias Taylor, 

John; Lynch, 

Francis Campbell, - 

James Young, 

George Lount,- 

William Algo, 

John Dawson, 

William Laughton, 

James Henderson, 

Archibald Barkei, 

John Button, 

Peter Reesor^ 

John A-nderson, 

Francis Leys,. 

Francis R. Tincombe, 

Charles Fothergill, 

A. McLean, of Scarborough, 

Robert Douglas, Hamilton, 

William Raines, 



John Mills Jackson 

Francis Osburhe 

William Gibbs 

Thomas Mossington, of Eldon 

William Bagshaw, of Brock 

Matthew Cowan, 

Elmes Steel, 

Edward Ryall, 

John Coates, 

Thomas M'Conkej , 

John Carthew, 

John Thompson, of Orillia r 

Anthony B. Hawke, 

Thomas Henderson, 

Andrew Mitchell, 

Samuel Richardson, 

Frederick Stephens, of Te- 
cumseth, 

Robert Newcomen Algeo, 

Meyrick Lally, 

Edward W. Thomson, Es- 
quires — 122* 



Secretary's Office, 
Toronto^ 13th February, 1835. 

I certify that the foregoing is truly extracted from the Re- 
gistry in tills Office, Book G. folio 90. 

D. CAMERON, 
Secretary <$• Registrar* 



No. 98. 
Upper Canada. 

Return" of the Magistrates of the Newcastle District, ap- 
pointed under a Commission of the Peace, dated the 9th 
January, 1835. 



After the Members of the Executive and Legislative Coun- 
cils, and the Judges of the Court of King's Bench. 



£iias Jones, 



Hi chard Lovckin, 



3rlACI3TEA.TES. 



.311 



Alexander Fletcher, 
Richard Hare, 
John David -Smith, 
Itobert C. Wilkins, 
John Piatt, 
Robert Henry, 
Samuel Street Wilmot, 
Archibald McDonald, 
Charles Rubidge, 
James G. Bethune, 
Benjamin Cumming, 
John Ta} T lor, 
John Hutchinson, 
William Ouston, 
Sheldon Hawley, 
John -Covert, 
John Williams, 
William Sowdon, 
David Smart, 
William Falkner, 
John Brown, 
William Shaw, 
Joseph A. Keeler, 
John Lester, 
Robert Reid, 
Robert Fairbairn, 
William Warren, 
Patrick M'Guire, 
John Huston, 
Eliakim Bnrnum, 
James Rogers, 
Francis Connin, 
Thomas Car, 
Thomas Walker, 
John Steei, 
Richard Birdsall, 
Alexander M*Donell, 
John Hall, 
John Burnham, 
George G. Bird, 
Alexander Sharp, senior, 
Robert Brown, 
Jshn Logie, 



Oheeseman Moe, 

John Thompson, 

George Hughes, 

Thomas Murphy, 

E-dward Spring Hickson>, 

Ephraim Sanford, 

Edward Duffy, 

'Robert Hamilton, 

Daniel Griffith, 

Jackson S. Stephenson, 

5. Dunbar Moody, 

W alter Crawford, 

James Thompson, 

Robert Jameson, 

James Wallis, 

Alexander M 1 Andrew, 

John Darcirs, 

Thomas Need, 

George A. Hill, 

Robert P. Madge, 

William Smart. 

John Hay, 

David Campbell, 

Francis Shea, 

Thomas Masson, 

John B. Crowe, 

William Robertson, 

John Gilchrist, 

B e n j a m i n Thr oop, 

John Crease Boswell, 

George Ham., 

Ebenezer Perry, 

Robert P, Butcher, 

Charles G. Buller, 

Thomas Reed, 

Henry Duffield, 

Walter Crawford, 

William Kingsmill # 

Dugald Campbell* 

John Knowlson, 

Allan Wilmot, 

Henry Monroe, 

Asa E. Walbridge, Esqrs— 88. 



I 



Secretary'* Office, 
Toronto, 13th February, 1835. ) 
I certify that the foregoing is truly extracted from ths Re- 



312 



Magistrates* 



gistry in this Office. 



Liber E, folio 8. 

D. CAMERON 

Secretary <§- 



Registrar. 



No. 99. 
Upper Canada. 

Return of the Magistrates of the District of Prince Ed- 
ward, appointed under a Commission of the Peace, dated 
the 15th March, 1834. 



After the Members of the Executive and Legislative Coun- 
cils, and the Judges of the Court of King's Bench. 



John Stinson, 
James Cotter, 
Reuben Bedie v 
Henry M'Donell, 
Robert C. Wilkinsj 
Simeon Washburn, 
James Dougall, 
Alexander JVl'Dcnell, 
Hugh M'Doneil, 
Griffith Howell, 
Henry Dingman, 
G william Pemorest, 
Andrew Deacon, 
Benjamin Hubbs, 
Samuel Solmes, 
Charles Biggar, 
David Smith, 
David Walt, 
Archibald M'Faul, 
Thomas Nash, 
Owen M'JVlahon, 



Donald Bethune, 

Charles Bocker, 

David B. Stevenson, 

William Dougail, 

Danirl Haxe, 

David Stinson, 

James Thompson Lane, 

Thomas Flagler, 

Paul Clapp, 

John P. Ratlin, 

John B. Way, 

Thomas M'Mahon, 

Andrew Kerr, 

John Lane, 

Henry Van Duzen, 

Jacob Howell, 

John Pepper Dowens, 

James Fairfield, 

Peter W. RiUtan, 

George D re wry, 

Benj. Weller, Esquires — 40. 



Secretary's Office 
Toronto, IBih February, 1 



,i 



I certify that the foregoing is truly extracted from the Re- 
gistry in this office. Book 3 G. folio 155. 

D. CAMERON, 
Secretory fif Rtgiitrar. 



Magistrates^ 313 

No. 100. 

Upper dsts&adia. 

Return of the Magistrates of the Midland District, ap- 
pointed under a Commission of the Peace, dated VMk 
December, 1834. 



After the members of the Executive and Legislative Councils 
and the Judges of the Court of King's Bench. 



Robert Williams, 
John Embury, 
Thomas Markland, 
William Crawford, 
Jacob B. Chamberlain, 
Solomon Hazleton, 
Matthew Clarke, 
Thomas Empey, 
Thomas Sparham, 
Benjamin Fairfield, 
Isaac Fraser, 
John Church, 
Samuel Dorland, 
Christopher German, 
Charles Anderson, 
Allan McPherson, 
James Samson, 
Anthony Marshall, 
John Macaulay, 
Alexander Pringle, 
Colin McKenzie, 
Robert Richardson, 
Richard Lowe, 
John Turnbul!, 
William Johnston McKay, 
Jonathan Allan, 
Jacob Rarnbough, 
John Marks, 
Richard Hitchens, 
Orton Hancox, 
Jacob Shibley, 
William Ketcheson, 
Thomas Parker, 
Peter Perry, 
Anthony Manahan, 
Samuel Clark, 



Archibald Caton, 

William Bowen, Junior, 

Henry Smith, 

George A. Ridley, 

Lawrence Herchmer, 

Samuel Casey, 

James McGregor, 

Adam Krien, 

Archibald McNiel, 

James McFarlane, 

George Baker, 

William II. Gray, 

Archibald McDohell, of Hais«i 
Bank, 

John Portt, ' 

Edward Fidler, 

Allan Munro, 

Elijah Ketcheson, 
Thomas D. Appleby, 

Solomon Solms, 

Calvin Wheeler, 

Donald Murchison, 

Benjamin Seymour, 

Peter Davy, 
Edward Howard, 
Davis Hawk y, 
William Holditch, 
William Simpkens, 
Horace Yeomans, 
William Logie, 
Alexander Cowan, Senior, 
T bo mas Askew, 
John Strange, 
Elijah Beach, 

George H. Detler, Esquire? 
—70. 



314 



Magistrates. 



Secretary's Office, \ 

Toronto, 13M February, 1834. ) 

J certify that the foregoing: is truly extracted frcwn the Re^ 
gjstry m this office— Kook E, folio 4. 

D. CAMERON, 

Secretary and Registrar. 



No. 10L 

Upper Canada, 



Return of the Magistrates of the District of JoLnstotnt, 
appointed under a Commission of the Peace, dated the 
22nd July, 1833. 



After the members of the Executive and Legislative Councils 
and the Judges of the Court of King's Bench. 



Joel Stone, 
Gideon Adams, 
Stephen Burritt, 
Richard Arnold, 
Hugh Munro, 
Daniel Burritt, 
Uri Scovill, 
Phillip Phillips, 
Lewis Grant, 
Sylvester Wright, 
Benjamin R. Munsell, 
Richard D. Fraser, 
Thomas Fraser, 
Alexander Morris, 
Thomas D. Campbell, 
Rufus C. Henderson, 
William Wells, 
Abraham Dayton, 
Alexander McMillan, 
Bartholomew Carley, 
William H. Bottom, 
William Morris, 
Truman Hurd, 
Henry Burrett, 
Philip Dulmage, 



Terence Smith, 
.Jonathan Fulford, 
John Weatherhead 8 
Justus S. Merwin, 
Archibald McLean, 
Alpheus Jones, 
Henry Jones, 
Elnathan Hubbell, 
Dunham Jones, 
William Brown, 
James Morris, 
William R.F. Berford, 
John McLean, 
John McDonald, 
William L. Whiting, 
Philip Shook, 
John Deming, 
William Kay, 
William P. Loucks, 
Basil R. Church, 
Jonas Jones, 
William McQueen, 
James Mcllmoyle, 
William J. Scott, 
Peter Scofield, 



M AG I ST ft AT L' J 



S13 



George Brcakenridge, 
Joseph K. Hartwell, 
John Leggett, 
Walter Atkins, 
Robert Powell, 
William Freelancf, 
George Crawford, 
Samuel Thomas, Junior, 
George Longley, 
William Weatherhead, 
William Brooks, 
Paul Glasford, 
John Patton, 
John L. Reade, 
ilamilton D. Jessup, 



Henry Brad fie Id, 

James L. Schofield, 

Nicholas Horton, 

Thomas Shuifield, 

John Kilburn'e, 

James Shaw, (Crosby,)? 

John Hobson, 

Robert Harvey, 

Hiram Norton, 

John R. Berford, 

Richard Johnson, 

Joseph Goff, 

Robert Edmonson, 

Nicholas Brisee, Esqrs.— 79. 

Secretary's Office, > 

Toronto, 13th February, 1835. ) 

I certify that the foregoing is truly extracted from the Re- 
gistry in this office — Book G, folio 115. 

D. CAMERON,- 

Secretary fy Registrar,- 



No. 102. 
Upper Canada. 



Return of the 3Iagistrates in the District of Bathurst, ap- 
pointed under a Commission of the JPtace, dated the 
12th November, 1833. 



After the Members of the Executive and Legislative Coun- 
cils,- and the Judges of the Court of King's Bench. 



Alex. Thorn, 
William Morris, 
William Marshall, 
George Thew Burke, 
Alexander M'Millan, 
William B. Bradiey, 
James Dent Weatherly 
John Benning Monk, 
Joseph Maxwell, 



Josias Tayler, 
Sewell Ormsby, 
Benjamin Street, 
John Watson, 
Roderick Matheson, 
Alexander Eraser, 
Anthony Lesslie, 
Donald Fraser, 
John F. Elliott, 



316 



if 



AG 1ST RATES*. 



Charles H. Sache, 

Henry Graham, 

Christopher J. Bell, 

Robert Stephens, 

Archibald MacNabb. 

George Lyon, 

John B. Lewis, 

Robert ShirifF, 

Daniel Baird, 

Henry Glass, 

John Ferguson* 

John Burford, 

Hamnet Pinbey, 

William Rutherford FitzWil- 

liam Burford 8 
Daniel Fisher, 
Matthew Leach, 
Daniel M'Kinnon, 
John Grenvit! *, 
Edward Samuel Bradley, 
John Richey, 
Alexander M'Vicar y 
George Ten nan t, 



Edward Logan... 

James Grierson^ 

John Hutchinson, 

James Rae, 

James Wilson,. 

John Le Briton, 

James Hume, 

Anthony Philip, 

John M'Intyre, 

Francis Hall, 

George William Baker,. 

JMatthew Connell, 

Daniel O'Connor, 

Benjamin Billings^ 

Simon Fraser, 

Thomas M'Kay r 

Alpine M l Millan r 

John Grant, 

Andrew Buchanan,. 

James Wylie, 

Ebenezer Wilson, 

Joshua Adams, Esquires — €2, 



Secretary's Office, ) 

Toronto, IStk February, 1835. J 

I certify that the foregoing is truly extracted from the R< 
gistrv in this office* Book G. folio 137. 

D. CAMERON, 
Secretary $f Registrar, 



r*0 



103 



Upper Canada. 

Bfturn of the Magistrates of the Eastern District, appoint- 
til under a Commission of the Peace, dated ike loth day 
of Jj?c^i L -cr, 1834. 



After the members of the Executive and Legislative Coun«> 
cils, and the Judges of the Court of King's Bench. 



Samuel And< . 
John M'Intvre, 



John Chrysler, 
Joseph Andersen, 



Magistrates. 



317 



Lawrence M'Kay, 
Benjamin French, 
Alexander Mackenzie, 
William Morgan, 
Alexander M'Martm, 
Duncan M'Donell, 
Guy C. Wood, 
Alexander Rose, 
Ambrose Blacklock, 
Allan Cameron, 
Alexander Chisholm, 
Alexander Fraser, 
John M'Gillivray, 
James Pringle, 
D* Thompson, 
Philip Vankouglmet, 
Duncan Cameron, 
Simon Fraser, 
John Duncan Cam obeli, 
Hugh M'Gillis, 
Peter Shaver, 

James M'Donell, of Matilda, 
John M'Donell, of Grey's 
Creek, 



Angus M'Donell, 

John M'Lellan, 

Alpin Grant, 

David Jones, 

John Cameron, 

Simon Clark, 

Michael Empey, 

John Archibald, 

William Bruce, 

John Waldroff, junior, 

Donald M. M'Donell, 

Alexander M'Lean, 

William Cline, 

Alexander M'Donald, [late of 

Glengarry Light Infantry.] 
John M'Bean, 
Donald Catenach, 
Alexander M'Nab, 
Archibald M'Donald, 
Neil M'Donald, 
Duncan Clark, 
James W. Powell,- 
Angus Catenach, Esquires — 

49. 



Secretary's Office, V 

Toronto, I3tk February, 1835. \ 

I certify that the foregoing is truly extracted from the Re- 
;istry in this oflice. 



Book E. folio 1 

D. CAMERON, 

Secretary <§ 



Registrar 



No. 104. 



UPPER CANADA. 



Return of the Magistrates of the Ottawa District,, appointed 
under a Commission of the Peace, dated the 17th March 
1834. 



After the Members of the Executive and Legislative Coun- 
cils, and the Judges of the Court of King's Bench. 



John McDoncll, 



W2 



George Hamilton, 



3 1 8 


COMMIJ 


3SIONERS OF 




David Pattie, 




Charles A. Low, 




Joseph Kellogg, 




William Coffin, 




Philo Hall, 




John Roe, 




in Brushy 




Peter Sterling. 




Ch uncey Johnson^. 




Bradish Billings, 




Charles Shiri .V, 




Neii Stewart, 




Jc ph P. Cass, 




Daniel Wyman, 




i Cairnes, 




. Elijah Kellog, 




-c- :es fMolloy, 




Thomas McKay/ 




John Chesser, 




Matthew Connell, 




James Fox, 




Simon Fraser, 




ibald McI>onel 


r of Os- 


George S. Jarvis, 




ode, 




Elisha, Loukes, 




r McLaren, 




Archibald Sterling, 




Alexr. McDonell, 




Wjd. Wait, of Longuiel, 


Es 


Hugh McLachlin, 




quires-32. 





Secretary's Offici, > 

Toronto, 13th February, 1835. i 

7. certify that the foregoing is truly extracted from the Re- 
gistry in this Office — Book G. folio 157. 

D. CAMERON, 
Secretary <$• Registrar 



No. 105. 



A Return of the Commissioners of the Courts of Requests for 
several Districts of Upper Canada, shewing the date of the 
respective Commissions. 



P^ision. 



EASTERN DISTRICT 



2eg. 



f John McLennan, 
Alexander McKenzie, 
Donald McPherson. 
Angus Oatenach, 
John McBean, 
Angus McGillis, 
John Millar,. 

? John McGillivray, 
Alexander Fraser, 
Alexanc 1 ".- McMartia* 
David Thompson, 
John Mclntyre, 
Alexander McKenzie. 



MOth March 1334. 



I 

fc 10th March 1834. 



Court op Bequests. 



310 



5th. 



6th, 



7th. 



8th. 



Stfc. 



1.0th. 



3rd. 



4th. < 



Alexander Chisholm, 

Angus McDonell, 
! Allen Cameron, 

Archibald McDonald, 

Angus McGillivray, 
k Alexander McNab, 
'Allan Cameron, 

Donald Catenach, 

Alexander McDonell (Teacher,) 

John McDonell, 

Neil McDonald, 

Alexander Fisher, 

Duncan McPhersou, 

Joseph Anderson, 

Philip Vankoughnet, 

Guy C. Wood, 

James Pringle, 

Alexander M'Lean, 
{ William Ciine, 

Noah Dickinson, 

William Mattice, 

Angus M'Donell, 

Benjamin French, 
, Simon Fraser, 

Simon Clark, 

Michael Empey, 

John Archibald, 

William Bruce, 

Duncan M'MilJan, 

John Waldruff, 

Jacob W. Empey, 

Joseph Boccus, 
( Alex. Rose, 

) George Marklay, 
Jacob Weagant, 
John Crysler, 
William Kyle, 
John W. Loucks, 
William Swayue, 
C John Marsels, 

< John Cook, 

I John Dillabaugh, 
f James M'Donell, 
[ Duncan Clark, 
J Jacob Brouse, 
] George Brouse, 

James West, 
t. Alexander Wylie, 
( Hugh M'Cargar, 

< David Brown, 
( John Madock, 



llOth March 1834. 



L 10th March 1831 



► 24th August, 1883. 



24th August, 1833. 



10th March, 1834. 



20th Sept, 1833, 



10th Sept. 1833, 



20th Sept. 1833. 



S2Q 



Commissioners of 



nth. 



John Crysler, 
Duncan M'Millan, 
John Link, junior, 
J Hector M'Lean, 
| Alexander M'Millan, 
[James H. Crysler, 



1 



19th May, 1834. 



OTTAWA DISTRICT. 



Division.. 



1st. 



2d. 



3d. 



4th. 



r Charles P. Treadwell, 

David Pattie, 

Chauneey Johnson, 

Peter Stirling, 

William Wait, 

John Wurtele Marston, 
f John Kearns, 
I James Molloy, 
i John Paxton, 
I John Chesser, 
I John Buchanan, 

John Brush, 

Bradish Billings, 

Archibald M'Donell, 
1 Thomas M'Kay, 
! Colin M'Nab, 
[ William Smith, 
fNeil Stewart, 

Elijah Brown, 
J Charles Hersev, 
\ John M'Cann, " 
J William Teasd ale, 
^ Donald M'Leod, 



} 28th May, 1334. 



) 



20th August, 1333. 



U 



0th August, 1833. 



}28th May, 1834. 
I 
J 



1st. 



2d. 



3d. 



JOHNSTOWN DISTRICT. 



Division. 



f George Longly, 
| Hiram Norton, 
-{ John Patton, 
| Samuel Thomas, 
[ Philip Bui mage, 
f Alexandsr M'Millan, 
} Angus M 'Don ell, 
\ William M'Queen, 
^Duncan Clarke, 
[John li. Read, 
J Thomas Buck, 
<| John Kilborne, 

Basil R* Church, 
[Terence Smith, 



J>22d August, 1834. 



22d August, 1834. 



22d August, 1884. 



Court of Requests. 



m 






C Stephen Burrett, 

< Hamlet Burrett, 

f Andrew J\Ioore, 

/- Henry Burrett, 

\ William R. Bethune, 

J William Ray, 

' Trumam Hurd, 

r Henry Sherwood, 

I George ?»IaiIock, 

! J. B. O. Ford, 

I John Bogert, 

Paul Glasford, 
(.Joseph K. Hartwell, 
/- John Weatherhead, 
\ John McDonell, 
J Benjamen K. Munsell, 
\ Archibald McLean, 
C Ephraira Koyl, 
j Benjamin Hamblin, 
J Joseph Goff, 
j Wyatt Chamberlain, 
! William Green, 
I William R- De Rinzy, 
{ George Brackenridge, 
) Peter~Schofield, 
# John Demin«\ 
^ Seneca Washburn, 
f John Legett 
\ Benjamin Tett, 
JOth. -C Samuel Halliday, 
James Stanton, 
William Manhard, 
James L. Schofield, 
W T illiam P Loucks, 
James Shaw, 
I William Simpson, 
C William Brooke. 



4th. 



5th. 



6th. 



7th. 



8th 



9th 






11th. 



> 22d August, 1834. 

> 22ud August 1834 

1 22nd August 1834 



( 22n 



2nd August 1834 



22nd August 1834 



22nd August 1834 



id August 1834 



22ud August 1834 



J)ivision. 



1st. 



BATHURST DISTRICT. 



J" William Morris, 
Donald Fraser, 
Alexander McMillan, 
Josias Tayler, 
Roderick Matheson, 
John McKay, 
Charles H. Sache, 
Robeit Bell, 
Anthony Philips, 
.John McEvven, 



>24th August 1833. 



522 



CoMMISSIONEKS OF 



led. 



ftih. 



Sih. 



6th. 



th. 



8lh. 



George Lyon, 
George T. Burke, 
James Hume, 
J. 13. Lewis, 
Sewell Ormsby, 
. Josepli Maxwell, 
' Daniel MeKhmon, 
Daniel Fisher, 
G. W. Baker, 
Wjlliam Thomson, 
Daniel O'Connor, 
Simon Eraser, 
J. Anderson, 
Matthew Connell, 
John Grierson, 
George Clark. 
Euwartl Logan, 
Henry Edwards, 
Hamnett Piubey, 
Archibald McNab, 
James Mortis, 
Andrew Dickson, 
J. McMillan, 
Andrew Buchannan, 
George Buchannan. 
William Rogerson, 
James Hudgon, 
James ilea, 
James \Vyliej 
John Hutchinson, 
Matthew Leach, 
George Tenant, 
John Hall, 
John Smith,, 
rNeil McNeil, 
John Levingston, 
John Mclntyre, 
[John Armour, 
John Bennett; 
Peter Campbell! 
; James Giimour, 
John Clarke, 
Daniel Fisher. 
Francis Hall, 

( Christopher J. Bell, 
■' Frederick J. Daniel, 
( Thomas B. Moore, 



20th Sept. 1831. 



2ith August 1833 



> 24th Au*i 



ffiist 1833. 



19th Jauuarvl835. 






24th August 1^33. 



24th August 1833. 



ClOth Septr. 1833. 



10th. 



Israel Webster, 
Alexander Duer, 
Finlay !\|cEwan, 

C- liu 



19th Jaufy, 1635. 



Court of Requests. 



323 



1st. 



2nd. 



3rd. 



4th. 



5th. 



6th. 



7th. 



8th. 



Division. 
1st. 



Archibald McNeil, 
| John Campbell, 
L Calvin Wheeler. 
r James Frazer, 
} David L. Thorpe, 

Peter Perry, 
J Samuel Borland, 

Samuel Casey, 

Jacob Detlor, 

William Sills, 
^ Allan Mcpherson, 
| James McGregor* 
J William Bowen, 
f Archibald Caton. 
(_ Donald Murchison, 

[John TuvnbulL, 
Thomas Parker, 
. William Ketcherson, 
J Solomon Hazleton, 
I Henry Hagerman, 
"I Henry Baldwin, 

(_ — Zwick, 

/ Isaac Denike, 
J Richard Newton, 
\ Edward Fidlar, 
v John Anderson, 



Junr. 



MIDLAND DISTRICT. 

Division. ( Hugh C. Thomson, ~| 

Henry Smith, 

James McFarlane, 
i William II. Gray. 
> Alexander Pringle. 

John Strange, 

Archibald McDonell, 
I Walter McCuniffe, 
f Jacob Shibley, 
{ William Bolditch, 
^ William Lattimore, Junr. 
; Lewis Daly, 
^ Peter Switzer, 
r Isaac Frazer, 
t William J. McKay, 

Orton Hancox, 

Benjamin Seymour, 

William Fairfield, Junr. 
r Jacob Rarnbough, 
l , Samuel Clark,' 
! William J. P. Kartells. 



> 24th August, 1 833. 



3 
1 

Y 1st April, 1834. 

! 

3 



l-Oi 



24th August, 1833. 



} 23rd June, 1834, 
I 

3 
1 



y 24th August, 1833. 



10th March. 1834. 



PRINCE EDWARD DIS1 

Hugh McDonell, 
Henry Dingman, 
Henry McDonell 
Andrew Kerr, 



i 12th 



April, 1834. 






1 



321 



Commissioners of 



!nd. 



3rd. 



4th. 



5th. 



6ih. 



1st. 



2nd. 



3rd. 



4th 



r Owen McMahon, 
\ Benjamin Richards, 

John Lane, 

Henry Vandosen, 

Peter Haff, 
c James Dougall, 
} J nines Cotter, 
I William Rorke, 
•{ Benjamin Hubbs, 
| Simeon Washburn, 
t Roger B Conger, 

Samuel Solmes, 

{Gwilliam Demoresc 
Griffith Howell, 
Peter W. Rattan, 
^ Archibald McFaul, 
• John McPherson, 
John German, 
Stephen Niles, 
Thomas Flagler. 
Paul Clapp, 
r- Charles Biggar, 
) Robert C. Wilkins, 
J John P. Roblin, 
\ William Brickman, 

t William Anderson, 
Thomas McMahon, 



12th April, 1834. 



\ 12th April, 1834. 



2th April, 1634. 



y 12th April, 1834. 



y 12th April, 1834. 
I 



NEWCASTLE 
r Robert C. Wilkins, 
{Elijah W.Meyers, 
J William Robertson, 
J Sheldon Hawley, 
(.John V. Murphy, 
f John Steele, 
i Thomas Reed, 
•\ Thomas Bailey, 
• Donald Campbell, 
(-Joseph A. Keeler, 
r James G. Rogers, 
i, E. Barnum, 
j Benjamin Evving, 
j Richard Hare, 
j John Taylor, 
C John Grover, 
r James G. Bethune, 
Robert Henry, 
Walter Crawibrd, 
Elias Jones, 
^ Asa At. Burnham, 
William Hartwell, 
Charles G. Buller, 
Archibald McDonald, 
(_ George Ham, 



DISTRICT. 



> 24 th Aug. 1833. 

i 

I 

i 

)> 2nd October, 1833. 



24th Aug. 1833. 



24th August 1833. 



..: of Bequests. 



32; 



5th. 



Oih. 



'th. 



5th. 



9th. 



10th 



f Richard Bullock, 
1 John !). Smith, 
i Wi I am Sowden, 
s John jj urnhami 



D. b 



1 

1 

J- 2 Itli August 1 ■■ > 



I Tb 



»6DSOI1, 



LWii'iaiii VVallis, 

\ Samuel S. VViJnaot, 

William Mclatosh, 

Richard Lovekin, 
) William Warren, 

John Scott, 

Asa 3. W aid ridge, 

David Burke, 
^ G. Smart, 
\ G. Hughes, 

William Lawson, 

Patrick McGuire, 
i hn Thompson, 

George Elliott, 

A lexander Brown, 

John Huston, 

ristopher Knovvlson, Sen'r, 
y Ewing, 
J Duncan Cameron, 
J Daniel Williams, 

;ae Irish, 
! Israel Ferguson, 
^ Kenneth McCaskill, 

!nas Mitchell, 
•Donald, 
m Cottingbam, 
ii ichard W. Marmion, 
C Charles Rubidge, 

John Hall, 
! William Smart, 
"{ Daniel Griffiths, 
' I • E ph rai 1 n S a n Cord , 



24th August 1833. 



24th August 



J Edward Qjcksou, 
^ Robert Reed, 
/ Richard Birdsall, 
5 Thomas Walker, 
11th V Thomas Carr, 
Adam Starke, 
f James Thompson, 
• Robert Reade, 
12th \ Robert Bjrown, 
', Thomas Trail, 
7 Samuel Strickland, 
lac Blair, 
in Piatt, Junr. 
13th { James Piatt, 

ings, 
/ Comfort Curtis, 
X2 



/10th March, 1834. 
\ 10th March, 1334. 
\10th March, 1834. 

i ■ 

> 24th August 1833. 

> 24th An 



ust 1833. 



10th March, 1834. 






326 Commissioners or 



■ 

(■Robert P. Madge, } 

14th J Thomas Need, >2 

1 John Darcus, ) 



John Tice, 



lanney, 
jscount, R. N. 



1th August 1833. 
28th June, 1834. 



1 nth ( Thomas Allan, 

U \ Benj. Butler R 

\ Philip Le Vesc 

{Cheeseman Moe, ^ 

l }™. Lo f, ie ' A 1 27th May, 1834. 

V. llham Purdy, ) 



David Culbert 
. AsaE. Waldridge 



I AsaE. Waldridge, 

p\ 0ra f S A J i Gl '° Vei ' T j 2/th May, 1834. 

17th < Robert Adair, j 

i Edward DrewrT. 



Edward Drewry 
Alexander Coulter, 



Divisron. 



HOME DISTRICT. 

2 Hayde 
i John B. Warren, 



r Lawrence Hayden, 



<j Alexander Armstrong, } 

j John Farquharsou, 
I Daniel Griffin, J 



1st. -{ Alexander Armstrong, }>24th Aug. 1833. 

John Farquharsou, 
Daniel Griffin, 
Charles Foihereill, 



, ) Francis Leys, 
T ^- Galbraith. 



) r ran( 
i John 
' H. Boys, 
r Alexander Wood, 
Robert Gillespie, 



5th. 



3rd. J James Edward Small. 

I John G, Spragge, 

(. William Hepburne, 

, Benjamin Monger, 
, . ) Francis Campbell, 

4th ' \ John Lemon, 

( John Scctt, 

, C. J. Baldwin, 
WilMam Campbell, 
John Coates, 

( Edward Vv. Thomson, 

r John Gamble, 

I William Thomson, 
6th. I F. S. Jarvis, 

j J. McGilt, 

J Thomas Magrath, 

j- James Miles, 

j Hector McQuarric, 
" Wiliam Parsons, I 04th August 1833. 

' l1 '- \ Benjamin Thome, 

I Simon Lee, 

I David Bfidgford, 




Court of Requests. 



;27 



8th. 



9th. 



10th. 



11th. 



12th. 

13th. 
14th. 



16Lh. 



17th. 



/ William Crooksliank, 

\ John Anderson, 

\ Jp.mes Young, 

v Richard Gapper, 

/ William 13. Robinson, 

J James Henderson, 

i.Thomas Henderson, 

^ William Roe, 

f Francis Ilewson, 

! Lewis Algeo, 
■{ Samuel Lount, 

{•George Ramsay, 

(jJohn Dawson, 
^ Arad Smalley, 
\ James O'Brien Bouchier, 
( William Johnson, 
r Henry Stennett, 
Matthew Cowan, 
(George Spence, 
y John Cobean, . 
( George Snell, 



15th. ( 



James YV ill I an* Hamilton, 
Thomas G. Anderson, 
William YVoodin, 
Andrew Mitchell, 
Samuel Richardson, 
William Simpson, 
Robert Oliver, 
Edward F. Davis, 
Edward O'Brien, 
Arthur Carthew, 
John Carthew, 
John Thompson, 
Elms Steele 3 
William Turner, 
William Gibbs, 
L. McLean Cameron,. 
John Edward White, 
Duncan Cameron, 



S 24th August 1833. 

] 

J>24th August 1 833. 
I 

/24th August 1833. 
J 

I 19th May, 1834. 



24th August 1833. 



24th August, 1833. 



7th Feb'v, 1834. 



Division. 



1st. 



GORE DISTRICT. 



Richard Beastey* 
Daniel K. Servos, 
Elijah Secord, 
John Young*, 
.Ravi d Mcf^ ab, 



24th August, 1833. 



0)0 



Commissioners of 



2nd. 



3rd. 



4th. i 



5th. 



6th. 



6th. 



9th. 



lOih. 



11th. 



12th. 



, John Willson, 
\ James, G:ige, 

' Hugh Willson, 
J Henry Banner, 
> John L. Lawj 
-» Matthew Crooks, 
I Alexander Roxburgh, 

Job Loder, 

John Aikman, Junr. 

John Haycock, 
f Wiliiam Richardson, 
| James Racey, 

James Winner. 



>34lh August, 1S33. 



Reuben Leonard, 
m Holme, 



L William Muirhead, 

f William Dickson, junior. 

Absalom Shade, 
Robert Murray, 
{ John Smith, 
George Stanton, 
Robert Bellingal, 
Vedd, 
\ William Scollick, 
\ Rowland Wingfield, 
( Williarii Heath, 

f Thomas Smith, 

I William Reynolds, 
-{ David Gilkisou, 

j George Wilson, 

[Jam ;er, 

f Henry Strang e 5 

i Edmund Huntley. 
: :rge J. Mackelcan, 

i George Lamprey, 

L Robert Ailing, 

k William Trout, 

\ Jehu M'Kee, 

( Donald MAiillan, 

f Thomas Fyfe, 

I John Burns, 

J James Laid law, 

I Alexander Campbell, 

L James Hume, 

( Alexander Proudfoot, 

i George C3 

{ Charles Biggar, 

1 Peter Henry, 

tLevi Willson, 

CWil v. 

< George Ghisholm, 

( Joseph Ireland, 



i Feb. 1834. 



f 30th Oct. 1835. 



4th August, 



\ 11th Nov. 18i 
J 

\ 24thAufeust, 1833. 



24th August, 1833. 



\ 24th August, 1833. 



24th August, 1833. 



24thAugus . 



Court of Requests. 



329 



r Manuel Overfield, 
! Thomas Racey, 
13th. ^ James L . Ewart, 
j Andrew T. Kirby, 
|_ J nines Durand, 



} 24th August, 1S33 



Division. 



1st. 



3d. 



■itii. 



5th. 



Gth. 



7th. 



NIAGARA DISTRICT. 

f Robert Grant, 1 

Robert Melville, 

James Lockhart, 
. Richard Woodruif, 
j Willialn Servos, 

Wiliiato M. Ball, 
iel M'Dougail, 
L.John Lyons, 
rOgden Creighton, 
| Gilbert M'Micking, 
■{ J >hn C. Green, 
| James Robinson, 

'colm Laing, 
r George Mackenzie, 
| Alexander Douglass, 
{ William Powell, 
'■ James Johnson, 
Lilian] Smith, 

r_ Tench, 

I Crowell W*W.n iimior, 

I 0..»o— M 'Fan anil, 

' Phineas Robinson, 

I Michael Graybiel, 

f James Black, 

I George Keefer, 

J William Adams, 

| Charles K. Fell, 

j Moses Brady, 

** John M'Glashan, junior, 

fjolin Clark, 

William Hamilton Merritt, 
George Adams, 

i Robert Burns, 
1 Joseph Clark, 
Henry Mittleberger, 
Oliver Pheh33, 

L Wil'iam White Ramcock, 

f Henry Nelles, 

| Smith Griffin, 
<j Henry W. Nelles, 

I John Paterson, 

I William Nelles, 



i-2Uth Augnst.1833. 



1 

^IGthOct. 1834, 



1 
I 
)- 2\j th A u gust ,1833. 



1 

I 
£20th,A&gust,18£ 

j 



20th August, If 



j-5th June, 1834. 



>31st Oct. 1833. 

I 
J 



330 Commissioners of 



Benjamin Canby* 

William Robertson, t 
( Thomas Hardy,, 

John Upper, 

Philip Dean, 

William Hardy, 
('Andrew Thompson, 
/Samuel Birdsall, 
9th. )AlpheusS. St. John,. 
( Warner Nelles, 
/ James Winnett, 
I Edward Evans, 
I ©avid McFarlane Field, 

!f Geoffrey Brock, Hall, 
James Stewart, 
William Steel, 
William Wilson, 
James Hector Mackenzie, 



1 



\ 28th May, 1834. 



I 



20th August,1833. 



a 



1 



12th April, 1834. 



LONDON DISTRICT. 



Division. 



1st. 



2nd. 



3rd. 



4th. 



5th. 



' George (J. Salmon, 
Colin McNeilledge, 
' John Kirk-Patrick, 
^William Wilson, 
William Salmon, ' 
James Graham, 
James Blaney, 
Donald Fisher, 
Henry Webster t . 

V Robert Grey Kirkland, 
/ Isaac Draper, 
l Andrew Dobbie, 
/ Gilbert Wrong-, 
Philip Hodgkinsbn, 
Henry Warren, 
John Bostwick, 
Edward Ermatinger, 
John Waddle, 
James Hamilton, 
John Warren, 
(" Lesslie Patterson, 
John Pierce, 
Stephen Baccus, 
^ Donald Currie, 
George Munroe, 
John C. Gillies, 
I Ewen M'Kinlay, 



29th Sepfr, 1§34 V 



6th Jaauarv, 1834. 



24th August, 1833. 



24th August, 1833 



9th August, 1833. 



Court of Revests. 



331 



6th. 



7th. { 



8th. 



9th. 



10th. 



iltb. 



12th. 



13th. 



J. B Askin, 
Ira Schofield, 
B. B. Brigham, 
William Robertson, 
f Walter M'Kenzie, 
f Benjamin Springer, 



R. N. Starr, 
I William Young, 
| William Radcliflf, 
I James Peel Bellair, 
Christopher Beer, 
Robt. Johnston, 
Th©mas Radcliff. 
James Craig, 
Joseph B. Clench, 
John Philpott Curran, 
Harry Cook, 
( Peter Carroll, 

< James Ingersoll, 
( William Gordon, 
( Joseph Woodroe, 

< Solomon Lossing, 
( William Hardy, 

^ James Barwick, 

Andrew Drew, 

James Hutton, 

Alex. W. Light, 

John Hatch, 

E. Buller, 
? Thomas Horner, 

Eliakim Malcolm, 

John Kelly, 

John Weir, 

John Moore, 

William Dunlop, 

Robt. Dunlop, 

Charles Prior, 

John Brewster, 



18th Sept. 1833. 



28th July, 1834. 



>28th July, 1834. 



24th Aug. 1833. 



24th Aug. 1833. 



) 24th Aug. 1833. 



24th Aug. 1833. 



24th Aug. 1833. 



Division. 



1st. 



WESTERN DISfftlCT. 



f William Elliott, 
| Charles Askin, 
<( Alexander Chewett, 
j John L. Williams, 
I Charles Baby, 



>24ih Aug. 1833. 






Commissioners. 



2d. 



6th. 



7th. 



8th. 



. Charles Rerczv, 
^ Robert Reynolds, 
~J Francis Caldwell, 
' William Duff, 

r Prideaux Girty, 
J Joseph Wigle, 
\ Thomas Renwick, 
' J. Scratch, 

James W. Li, tie, 

James D. Dolson, 

John J. Roe, 

James Price, 

Jeremiah Declute, 
r Joseph Wheatley, 
I William Mash, 
/ David Baldwin, 
\ Duncan Warren, 
1 James Cai swell, 
( Duncan M'Gregor, 
f George Jacob, junior, 
J Peter Paul Lacroix, 
j Robt. S. Taylor, 
v. Christopher Arnold, senior 
) Henry Van Allen, 

William M'Crae, 
v George P. Kerby, 
( Samuel Arnold, 
I Nathan Com vail, 
( Alex. Wallen, 
I WillianxTaylor, 
v James Bogert, 
/ Henry Jones, 

VVitfiam Jones, 

Claude Covin, 

James He nderson , 

Ant- us M 'Donald, 
[ G.Hyde, 
\ Alfred Toulmin, 
i Robert Watson, 
j Frome Talfourd, 
j George Da rand, 
V Field Talfourd, 



? 28* Mav, 1834. 

s 

I 

j 24th Aug. 18-33. 
I 



\< 



2S0i May, 1S34. 



LOth March, 1834 



oihNov. 1S33. 



10th March, 1834 



10th March, 1834 



Government Office, 
20th February, IS 



3,-) 



WILLIAM ROWAN, 

Civil Seen iary. 



Collectors and Inspectors. 333 

No. 10G. 

Inspector General*s Offn e, 

Toronto, 17th February, 1835. 
Sir, 

In obedience to His Excellency's commands, I Lave the 
honor to state for the information of the House of Assembly that 
Collectors and Inspectors, on their appointment, are given to. un- 
derstand that they must be residenl at the ports ami places which 
have been duly established for those offices. 

Jt having been intimated to the Lieutenant Governor some tinui 
since, that in all cases there was not a proper compliance with 
those instructions, I had the honor of transmitting a circular, the 
copy of whl.h is herewith inclosed. 

I have the honor to be, 
Sir, 
Your obedient humble servant, 



To Colonel Rowan. 
&1C. &c. &c. 



GEORGE H. MARKLAND, 

Inspector General, 



No. 107. 

Inspector General's Office, 

4th November, 1833. 
(CIRCULAR.) 
Sir, 

I have the honor by the direction of His Excel'ency the 
Lieutenant Governor, to acquaint you, that as His Excellency 
understands that the duties of Collectors of Customs are in seve- 
ral instances altogether performed by Deputy, he requests that 
the Collectors of the Province may be informed, that it will not 
be.in his power to continue any Collector in office who does not 
reside at the post under his particular charge, and execute the 
duties demanded of him. 

I have the honor to be, 
Sir, 
Your most obedient humble servant, 

GEORGE H. MAEKLAND, 

Inspector General. 
To Collectors. 
[A true copy.] 

Y2 



334 



Return. 
No. 108. 



A Return of Persons, who were Members of the last Hougt of 
Assembly, who have accepted offices of emolument under the Pro- 
vincial Government, since the General Election 1830, with the 
places or situations given them. 



PLACE OR SITUATION. 



Jtiebatd D. Frew, Collector of Customs, Brockville, 

Philip Vankoughnet, Inspector of Licences, Easteru District, 

Donald M«Donaid, Do. do. Ottawa Uijlnct, 

Wihrara Chbholm, Collector of Custonn, Oaivillc,. 



i' 50th December, 1«31- 
lOtb October. l^Si. 
btli March, 
19th August, I&S4. 



WILLIAM ROWAN. 

Civil Secretary. 

Government Office, 20** February, 1835. 



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338 Post Office. 

Wo. 110. 

Address to His Excellency for information relative to Uie 
PosUOfjicc Department. 

To His Excellency Sir John Colborne, K. C. B. t 

Lieutenant Governor of the Province of Upper 
Canada, Major General commanding His Ma- 
jesty's forces therein, fyc. 4'C Sf£, 

May it please Your Excellency: 

We, His Majesty's dutiful and loyal subjects, the Com- 
mons of Upper Canada, in Provincial Parliament assembled, 
humbly request that your Excellency would be pleased to 
obtain from the Deputy-Postmaster-General at Quebec, and 
that there be laid before this House, for its information, at 
as early a period in the present Session as the nature oi the 
enquiry will admit of, 

A return of the establishment of the General-Post- Office 
in Upper and Lower Canada, and in each of the other Colo- 
lues in North America for the years 1832, 1833, and 1834, 
stating the number of Postmasters and Deputy-Postmasters 
in each Province, the amount of salary, allowances and emo- 
luments; and the name of each Postmaster and Deputy-Post- 
master in Upper Canada; shewing the salary, allowances, fees 
and the whole income they severally receive, and from what 
sources it is derived, and the authority under which the same 
}s paid them ; stating also the gross amount of Revenue col- 
lected a\ each Post-office in Upper Canada, and the whole 
expense of collecting the same ; with the contingent expenses 
incurred in the Canadas in detail, so far as it can be shewn ; 
particularly the expense of conveying the Mails, with the 
name of each Mai!- Contractor, the amount received by him, 
and the rates at which the Mails are conveyed. 

A return of tho gross amount of postage in Upper and 
Lower Canada, and each of the other Colonies in North 
America, distinguishing each, curing each of the years 1832, 
1833, and 1834; distinguishing also the amount of news- 
paper and pamphlet postage charged from the amount of 
letter postage received at each office, and shewing in what 
manner the proceeds have been applied. 

A statement of the gross amount of newspaper postage 
paid by each printer or proprietor of newspapers in the Ca- 
nadas and other Colonies in North America, in each of the 
years 1832, 1833, and 1834, shewing in what manner the 
proceeds have been appropriated, with copy of any orders, 



Post Officii 33[> 

despatches, or other authority under which such postages 
have bees exacted in the Colonies during the last ten } ; ears. 
A statement, shewing in detail, the emoluments of the De- 
puty Postmaster-General of British North America, whether 
from salary, fees, allowances, newspaper postages, pamphlet 
postages, per centages on the collection of United States hit- 
ter or newspaper postage, or from any •'"•her source whatever, 
during the years i832, 1833, and 1834, and shewing the au- 
thority under which he receives the several items of income. 
A statement shewing the postage paid by the Patriot news- 
paper, first published at Kingston, and now in Toronto, from 
the commencement of the series, with the dates of the seve- 
ral payments. 

A statement shewing the sums remitted by the General- 
Post-office Department in Canada and the other British Colo- 
nies to the General-Post-office, London, and also the United 
States postage, remitted to the Post-office Department of the 
United Srates, in and for the years 1827, 1828, 1829, 1830, 
1831, 1832, L833, and 1834, end stating the balance now in 
the hands of the Deputy-Postmaster-General at Quebec, and 
the period up to which the last remittance to London was 
made. 

A statement of the amount of monies found in the dead or 
misdirected letters in the British Colonies in North America, 
from 1827 to 1834, both years inclusive, and shewing the 
purposes to which it has been applied. 

A statement of the amount of Colonial postage, whether 
on letters or newspapers, charged at Quebec and Halifax, 
to the Department in London, and collected, or intended so 
to be, in England or other parts of the King's dominions be- 
yond North America for 1832, 1833, and 1834. 

A return, shewing the several classes of persons who frank 
letters, or who have the privilege of transmitting letters thro* 
the Post-office at reduced rates of postage, with the extent to 
which their privileges extend. 

Had it been practicable to make out a separate and distinct 
statement of the revenue raised by taxation in the Post-office 
Department in this Colony, with the expediture, we would 
have confined our enquiries to Upper Canada, but as the 
amounts of the several Colonies are blended together, we 
have requested such information as would shew the effects of 
the system now in operation, aud which it has been recom- 
mended to us to alter and amend. 

M. S. BIDWELL, Speaker, 
Commons' House of Assembly, > 
21st day of FebV, 1835. J> 



310 Indian DEPAnTtajSirr. 

ANSWER TO THE ABOVE ADDRESS. 

Gentlemen, 

I will direct a copy of of this Address to be 
transmitted tothe Deputy Postmaster General at Quebec, in 
order that he may furnish the information required by the As- 

M;mb!y. 



(Copy) 



GENERAL-POST-OFFICE, 

Qceeec, 6:h ?\larch, 1835. 



Sim, 

I hasten to acknowledge the receipt of your letter of 'die 
25lh February, enclosing copy of an address from the House 
of Assembly of Upper Canada respecting the Post-office De- 
partmsnt under my charge, and requesting me, by command 
of His Excellency the Lieutenant-Governor, to furnish, for 
the information of the Assembly, the Returns required by 
them as soon a« possible. 

I bag leave in answer to your communication to inform 
you, for the information of His Excellency, that I shall im- 
mediately set about collecting and compiling the great amount 
of information required, or as much of it as the means at my 
disposal will enable me to obtain ; bat as an act of justice to 
myself and to prevent disappointment, should the voluminous 
Returns called for not be ready so soon as might have been 
expected, I must observe, that the task prepared for me is a 
heavier one than can be imagined by any one not conversant 
with the subject and \vil!, x with my very limited assistance and 
the necessity of keeping the current duties of the Department 
going, necessarily occupy a considerable length of time. 
I have the honor to be, &e. 

T. A. STAYNER, 
D. P. M. Gen'f. 
Lieut. Col. Rowan, 

Ci 



out. Col. Rowan, \ 
City of Toronto, > 
Upper Canada. ) 



No. 111. 
Indian Department. 

No part of the Expenditure of the Judicial, Civil or Ecclesia! 
Ileal Establishments in Upper Canada is defrayed by Enciand :- 



Indian Department. 34 1 

all these expenses are now paid from the Revenues derived 
from the people of the Province ; and that too, on a scale of ex- 
travagance far surpassing any other part of the North American 
Continent, and in most eases without the consent of the people 
themselves and in direct opposition to their wishes and interests. 
•' The Blue Book" shews that a small sura is annually expend- 
ed out of funds derived from England on what is called '-The 
Indian Department," it is so inconsiderable as scarcely to be worth 
notice ; but small as it is, the following extract from the Sessions 
papers of the House of Commons for 1833, will shew that it is fast 
progressing towards a total abolition. 

The Blue Book mentions that the following persons were paid 
from England last year — the sums in Halifax Currency, opposite 
their respective names, on the whole and it is prob- 

able that a sum under ,£2090 a year is remitted to keep up sine- 
cures and pensions, under this title. 

Jas. Givins, Chief Superintendent Indiau Department, £412 
J. B. Clench, Superintendent do. 241 

T. G. Anderson, do. do. 241 

G. Ironside, do. do« 241 

J. Winhiett, do. do. 241 

W. Jones, Assistant, do. do. 123 



Extt? vct from the Estimates for the Indian Department in Ca- 
nada* fir Fivz Quarters to Slsi March, 1833, ordered by the 
House of Commons io be printed* 

Downing Street, 14th February, 1632. 
SIR, 

I am d rect.ed by Viscount Goderich to transmit to you 
for the consideration o r 'i:he Lords Commissioners of the Treasury* 
the inclosed estimate of the charge of defraying the expense of the 
Indian department in Upper andXower Canada* for the year 1832 , 
amounting to £20,000. 

This Estimate is now for the -first time submitted to their Lord- 
ships in iis present form. They are, however, doubfiees aware that 
the expense for which it is meant to provide has for many years 
b >en defrayed by this country, the charge for the presents having 
been voted in eonj motion with that for liberated African?, convicts, 
&c. while the salaries and pensions of the officers of the Indian 
Department have been paid from the Military Chest provided for 
out.of the Army Extraordinaries. 

This practice is so extremely irregular, that Lord Goderich is 
decideilly of dpinion that it ought no longer to be continued ; and 
he ha.3 therefore directed the sum required to meet the whole ex- 
pense of this service to b : included in the accompanying estimate. 

H;s Lordship greatly regrets the necessity of proposing that Par- 
liament should^!;? asked f.-r so large a grant. He has, however, to 
observe, that the presents which for a long series of years have been 
annually distributed to the Indians, are due to them partly on the 
faith of Treaties for the purchase of their Lands, and for services 
rendered by their. Tribes in former Wars; the remainder by cus- 
tom solony established that all the general officers who have served 



342 Indian Department. 

in Canada concur in opinion that any sudden alteration of the sys- 
tem would excite great dissatisfaction amongst them, and be pro- 
ductive of considerable inconvenience to the Local Governments. 
Under these circumstances it would be alike impolitic and unjust 
suddenly to discontinue the issue of the customary presents, but 
Lord Goderich trusts that their amount may gradually be diminish- 
ed in proportion as the Indians can be induced to settle and to adopt 
the habits of civilized life. By the accounts, which have been at 
various periods transmitted to the Lords Commissioner^ it appears 
that very great reductions have already been made in the expense 
of this department ; the amount of the presents having been reduced 
since 1816 from £117,500 sterling, to about. £16,000, and the charge 
of the establishment and pensions from £16,200 to j£4,400. 

Even this sum for the establishment may appear considerable, but 
the duties of the officers of the department in time of peace, accor- 
ding to the statements of Sir James Kempt, are various and impor- 
tant ; much discretion is required for their faithful and satisfactory 
discharge, and from the remote, and in some measure uncontrolled 
situations in which these officers are sometimes placed, it becomes 
necessary to rely almost implicitly upon their integrity and judg- 
ment. 

For these reasons it is essential that the salaries should be suffi- 
cient to induce persons of character and responsibility to fill the 
appointments ; indeed such alone can obtain the confidence of the 
Indians. 

The strength of the establishment has also been recently dirni- 
nisher 7 , and the present scale was fixed after much consideration by 
Sir George Murray. 

Lord Goderich is therefore of opinion that it is impossible at pre- 
sent to make any further reduction either in the number of the indi- 
viduals employed or in the amount of their salaries, without impair- 
ing the efficiency of the department in a manner which must neces- 
sarily be productive of very serious inconvemence. 

The presents to be distributed are purchased under the direr 
of the Board of Ordnance, according to the requisitions fun '-Ik d 
by the local authorities, and which they have received the gtri 
injunctions to keep within the narrowest limits. 

The presents being as I have already stated, partly given to the 
Indians in exchange for the lands of which they have resigned pos- 
session, a portion of the expense ought to fall upon the Revenue 
derived from the sale of those lands, and Lord Goderich trusts that 
an arrangement for that purpose may, before next year, be effected ; 
but as the largest part of this charge has been incurred under Trea- 
ties entered into with a view of securing the services of the Indians 
in wars for British and not for Colonial interests, Irs Lordship is cf 
opinion that the burden cannot be thrown (as at first sight would 
appear reasonable) upon the inhabitants of Canada. 

I am Sir. 
Your most obedient humble servant, 

HOWICK. 
To the Hon. J. H. Stewart. 



Lndiax Department. 



543 



Indian Department, Upper and iLov/er 
Canada. 

Estimate of the Charge of defraying the expense of the 
Establishment of the Indian Department in Upper and 
Lower Canada, from the 1st day of January, 1832, to the. 
3lst day of March, 183-3. 

£25,000, 
Clear of Fees and all other deductions. 



PAY AND LODGING MONET. 



102 o <± 
75 
50 0, 

20 Oi 



►STERLING. 

LOWER CANADA. £ s. d\ 

Secretary, Quebec, \ 239 

Superintendent,.. Ditto,... , 239 

Interpreter, Ditto, j 107 3 4 

Ditto, Ditto, , 

Missionary, Ditto, , 

Ditto", .. Ditto, 

Schoolmaster, . . . Dfttb, 

Superintendent.. Montreal, j 231 

Interpreter, Ditto, i ; ri 3 4 

Ditto, Ditto...... J 102 3 4 

Resident, Ditto I 131 

Interpreter, Ditto,, ! 102 3 4 

Missionary Ditto, \ 50 ! 

Ditto";. Ditto,. ; 50 

Ditto, Ditto,,...., I 45 0J 

UPPER CANADA. 

Chief Superintendent, j 400 0j 

Superintendent at the Bay of Quinte' 

and Rice Lakes, , \ 221 0j 

Superintendent at the River Thames,! \ 

Chenail, Ecarte & River St. Clair j 231 0J 

Assistant Pitto,.. Ditto, I 137 

Interpreter, Ditto, ; 102 3 4 

Superintendent at Machedasch and 

Lake Simcoe. f 231 

Interpreter, Ditto, j 102 3 4 

Superintendent at the Grand River, . ,| 231 
Interpreter, Ditto,,..... j 102 3 4 



1,645 16 8 



1,757 10 



844 



INDDIAN DEPARTMENT. 

Pesasiosss. 



30 C 
SO G 
50 



LOWER CANADA. 
Madame de Montigny, Widow of Capt. 

de Montigny,. . „ 

Madame de MaSliony, Widow of Capt. 

Mallioiry , 

Madame la Mothe, Widow of Capt. 

la Mothe, 

Plan' Vincent, Widow of L. Vincent, 

Schoolmaster, j 10 

Abig-al Hare, Pensioner for past servi- 
ces 20 Cj 

21 13 4l 
21 13 4 

108 6 8 



Duncan Murchison, . . .do. . . .do.. . . . 

Amable Chevalier,. ...do.. . .do 

5 Chiefs of Indian Tribes, for wounds 
received in action 



4 Warriors of ditto, for do, do ! (30 13 4 



UPPER CANADA. 

Alex. McDonell, Retired Assistant 

Secretary, 91 5 0] 

David Price, Retired Store-keeper, 

Clerk and Interpreter. 85 3 4! 

Sarah Elliott, Widow of Colonel M 
Elliott,,.. 80 

Theresa McKie, Widow of Majoi 

McKie,.. „...,, 70 OJ 

Catherine Brant, Widow of Captair, 

Brant,.. 91 5 0| 

Kcsrer Hill, Widow of D. Hill (a Mo- 
hawk Chiei), 20 0| 

Barnabas Cain, Superanuated Black- 
smith j 42 11 8 

Timothy Murphy, Ditto, | 42 II 8 

John Higgins, Ditto, 42 11 8 

7 Warriors of Indian Tribes, for! 



wounds in action. 



Expense of Indian Presents, Stores, 
&c -. 



106 3 4 



3^2 G 3 



671 11 8 

I 

15,572 15 



For one year, j h20,000 0. 

Add for first quarter of 1832, j 5,000 



b5,000 



U. C. College. 34.5 

No. 112. 

CCPT. 

I'. C COLLEGE, ? 

Marjjfa 13th, 1835. ( 
Sir, 

In obedience to His Excellency's request I beg 
to transmit to you such statements as I am abie to furnish res- 
pecting Upper Canada College, in reply to the requisitions of an 
Address from the House of Assembly to His Excellency, a copy 
of which I received on the 10th instant. As regards the expen- 
diture connected with the institution and its financial concerns 
generally, I have not the means of giving any information, they 
being conducted by the Bursar, the Honorable Colonel Wells. 

I have the honour to be. &e. 

JOSEPH H. HARRIS. 
Lieut. Col. Rowas, 

&c &c. cce. 



ANSWERS 

To such Enquiries contained in an Address of the House 
of Assembly to His Excellency the Lieutenant Governor 
respecting Upper Canada College as the Principal 1 * 
knowledge enables him to return : — 

To Ques. 4.— ;i Rates of Tuition." 

A quarterage of £'2, currency, for tuition, and five shillings for 
contingencies (that is. pens, ink, fuel, &c.) isj-paid by each scho- 
lar in the Ccllese forms. 

A quarterage of £1 5s. eurrency, for tuition, and live shillings 
for contingencies is paid by each scholar, in that department of 
the College which is called the Preparatory School. 

The terms at the College Boarding House, are £30, currency, 
per annum, for Board and Tuition. 

The requisite Books and materials are furnished by the Col- 
lege and charged to the pupils, in addition to the above terms. 
A sufficient stock of Books. &c. is ordered every year from Eng- 
land, from which the College is enabled, after covering the expen- 
ses of shipment, &.c. to supply the boys at a cheoper rate, than 
the same articles could be purchased in the city. 

To Ques. 7. — No. of Scholars, &c. 

The number of scholars whose names have been entered at U. 
C. College since its commencement, up to the present time, is 
324 — but as the names of some scholars who have been withdrawn 
for a time, and afterwards sent back to the College, appear more 
than once on the list, the number of individual boys who have 
received Education at the College maybe stated at 320. 

Ques. 7, continued. 

Scholars in U. College in the several quarters, ending at ths 
annexed dates. 



316 



U. C. College. 



[Note. — The address of the House of Assembly desires a 
statement of the numbers on the 5th of January, April, June and 
October; but as the College quarters end as below, and the lists 
are then formally entered, the following is the most accurate re- 
turn lhat can be rendered — «nd I trust it will be found to ap- 
proach sufficiently near to the prescribed dates, to answer the 
purpose intended.] 





1830. 


SCHOLARS IN 
1831. 1832.1 1833.1 1834.! 1835. 


March 20th 


89 
106 

105 
119 


124 
124 

126 
109 


101 
106 

90 
107 


114 ! 114 
117 j 113 

I 
121 116 
1!6 t 115 

1 


124 at 


J tine lOtli 


this 


Middle of August (sum- 
mer vacation) 

Christmas 


date.. 







Note. — A similar return to this, up to December, 1832, with 
other information respecting U. C. College, was furnished to a 
Committee of the House of Assembly in December, 1832, to 
which I beg leave to refer. Observing in explanation that the 
slight discrepancies between the numbers here given, and those 
ifi the document just referred to, for the year, 1832, is to be ac- 
counted for, by the fact, that at that time no formal record was 
kept of the number of pupils at the College, in each separate 
quarter, and that it was therefore difficult so to exhibit them. 
But since that time a quarterly list has been regularly preserved, 
from which the numbers after 1831 are now extracted. 

Q,res. 7, continued — >- 

Table shewing " the number of scholars sent from the 
country" to U. C. College (L e. of the Boarders) " and of 
those belonging to this City, (i. e. Day Boys) for the 
last three years." 





DAY BOYS. 


j BOARDERS 

! 


TOTAL- 


1832. 
March 20th 


70 

74 
75 

m 

75 
76 
79 
71 


! 

1 31 
32 

1 25 
39 

39 
41 
42 
45 


101 


June 10th 

A ugust 


106 
99 


Christmas 

1833. | 

March 

June ) 


107 

114 

117 


A ugust 


121 


Christmas , J 


US 





L- C. 


Cor 


.Lege 




31? 


334. 

March 




: 


7G 
76 
79 
83 

88 


33 
37 
37 
32 

j 
36 


114 






113 


August 




11G 






115 


1835. 

March 12 




v?a 











A Dswei to Qrrs. 3. 

of Education at the College, and books Used are 
given separately. To the detached questions the following .are 
answers. 

V A CAT! O N S . 

At Christmas. — From the Saturday preceding Christmas day 
to the Monday fortnight following. 

At Whitsuntide. — A week. 

In the Summer. — From the Friday on or before 'fhe 13th of 
August, to the Thursday six weeks following. 



There are no children taught at Upper Canada College, with- 
out being liable to the payment of fees. 

Xo part of the Scholars are required to conform to, or be in- 
fracted in, the peculiar creeds, or religious exercises, of any 
Christian denomination. 

JOSEPH H. HARRIS, 

Principal of U. C. College. 



rse of Education at present pursued at Vpper Canada 
College* 

PREPARATORY SCHOOL. 

Scholars in the Preparatory School are ins f meted in English 
Reading and Spelling* Witting, the elements of Arithmetic, and 



. imetic, and 
the first*rudiments of Latin Grammar. — They are removed into the 
firsf, or 1 I of College form, when they are familiar with the 



n:S'. or - 31 i .uege torm, wnen mey are jaiinuar w.m i 

Latin Ac ce. The follow og is the general arrangement Wi 

tlie daily m k of the Preparatory School : 

1st division,* Latin Accidence, 

* The d?,y is divided ia the business of the College as f ;l!ows : — 
1st division — From a quarler before 9 to a quarter pa?t 10. 

Cj- From 25 minute* oast 10 to 10 iniaute3 before 12. 
3rd do. From 12 to 1. 
4th do. From 2 to 4, 

Bellies the above, a class composed of such boya in the College a 



S4B U. C. College. 

2nd do English Reading and Spiling* 

XrA do Reading (twice a week), 

4th do Writing and Arithmetic. 

FIRST COLLEGE FORM. 

Monday. 
Division 

1. Writing, 

2. Reading, and R.ec:tat;on from Testament, 
3. 

4. Recapitulation of Classical Lessons 

Tuesday* 

1. Latin Syntax, Construe Corderius, 

2. Parse Cofderiua — $ead English, 
3. 

4- Arithmetic. 

Wednesday* 

1. Latin Exercise* 

2. \v rit .. 

Thursday* 

1. Litin Grammar — Construe Corderius, 

2. Read, and Purse Eiiglish, 

3. Atitoietical Tj 

4. Aiithnfetic. 

1. Writing, 

2. Litin Grammar, 
3. 

4. (2 to 3)— Parse Corderius, 

G. (3 po 4) — Scripture Rcad.ng and Recitation. 

Saturday* 

1. Arithmetic, 

2. Latin Grammar — English Spelling. 

i 1 — i — ^_ 

Books used hi tlit first form. 

English — Bible — Mnrrays introduc 

Latin — Lily's [or Westminster) Grammar — Corderius Collo- 
quies Howard's Introductory exercises. 

are- qualified, attend Lhe Writing Master three times a week, for 
Book Keeping — from 4 to 5 o'clock. 

On Wednesday and Saturday, which are half hoiydays, the Col- 
Late closes at ]-••'.' >ck — Imd at present those boys whose parents do 

he opportunity of instruction in Landscape Dr 
&o. from 12 to 9 on those days, at a charge of £1 par q»:_ 



U. C. College.' 5 S49 

SECOND COLLEGE FORM, 

Monday, 
Division, 

1. Reading and Recitation from Testament, 

2. Writing, 

3. Arithmetical Tables, 

4. French. 

Tuesday. 

1 . Latin Grammar — Latin Exercise^ 

2. Arithmetic, 
3 

4. Recapitulation of Classical Lesson*. 

Wednesday. 

1. Arithmetic, 

2. Latin Grammar — Lectiones select* (Construing and 

Parsing.) 

Thursday. 

1. English Reading and Dictation, 

2. Latin Grammar — Latin Exercises. 

3. Writing, 

4. French. 

Friday. 

1. Latin Grammar — Construe LecJ^ones SelectSj 

2. Geography, 

3. French, 

4. (2 to S)— Writing, 

5. (3 to 4} — Scripture Reading and Recitation, 

Saturday* 

1. Latin Grammar — Parse Lectiones Selectee. 

2. Arithmetic. 

' J3ooks used in the second Form. 
English — Bible — Blair's Cla^a Book — Turner's Geography. 
3 jATi n — Grammar — Exeujpia Minora— Lectiones Select©, 
French — Grammar — Exercises. 



THIRD* COLLEGE FORM, 

Monday. 
Division 

i. Testament, Reading and Recitation, 

2. Drawing, 

3. Writing, 

4. Arithmetic. A3 



BJ$ U. C. COLLEGE. 

Tuesday. 
1. Arithmetic, 
8. Latin Prosody — Cornelius Nepos, or Phosdrus, 

3. A rithmeticaf Tables, 

4. French. 

Wednesday. 

1. Latin Exercises, 

2. Geography. 

'Thursday* 
I. English History, 
'^. Arithmetic, 
:j. French, 
4. itecapitulation of Classical Lessons 

Friday. 

1. Latin Grammar — N?poj or Pheedrus, 

2. Writing, 
3. 

4. (2 to 3)— Elements of Greek, 

&. (3 to 4) — Scripture Reading and Recitation, 

Saturday. 

1. French, 

&. Latin Prosody—English. 

Books used in the third F emu 

English — Bible — History of England — Turners Geograghy, 
Latin — Grammar — Exercises — (Exemple Minora) — Comeliui 

Nepo3 or Phsedrus, 
Greek — Howard's Introductory Exercises, 
French — Levizic's Grammar — Dialogues — Telemachus. 



FOURTH COLLEGE FORM. 

31onday. 

Division. 

1. Testament Reading, and Recitation. 

U. Mathematics. 

M. Arithmetical Tables. 

4. Recapitulation of Classical Lessons. 

Tuesday. 

1. French. 

". Drawing. 

y. Writing. 

4-. Latin Fxercisos — .Ovid's Metamorphoses, or C esaa - 



r. C. CuLLii*L, 3&t 

Wednesday. 



1. French. 

2. Greek Grammar — Greek Delaetu/'. 

Thursday. 
1. Arithmetic. 



3. — 

4. Greek Exercises — English History. 

Friday, 

1. Latin Grammar — Qyid, or Caesar*. 

2. Mathematics. 

i$. Arithmetic. 

4. French. 

.">. (3 to 4) Scripture Reading and Recitation. 

Saturday, 

\. Greek Grammar — Greek Exercises. 
2. Mathematics. 

Books used in the Fourth Fvrm. 

English — Bible; History of England. 

Latin — Grammar : Ovid's Metamorphoses ; Caesar ; Exercise*. 

Greeh — Bloomfield's Abridgment of 3Iatthise's Grammar;— 

Howard's Introductory Exercises; Valpy'3 Delectus. 
jfiiEXca — Levizac's, and Li Tellier's Grammars ; Dialogue* ; 

Telemachus. 






FIFTH COLLEGE FORM. 

Monday . 
Dhrision. 

J. Arithmetic. 

2. Greek Testament— Recitation from English Tes- 
tament. 

0. French. 

4. Ovid's Epistles, or Sallast ; History of Rome. 

Tuesday. 

1. Mathematics. 

2. Repetition from Ovid ; Greek Delectus, or Anelieta 

Minora. 

3. Writing. 

4. Recapitulation of Classical Lessons. 

Wednesday. 
i. Greek Grammar— Greek Exercises 
2. Drawing. 



$52 H- C* College. 

Thursday, 

1. French. 

2. Mathematics. 

3. Arithmetic. 

4. Greek Grammar ; Greek Delectus, or Anale. Mino. 

Friday. 

1. Mathematics. 

2. Latin Grammar — Latin Exercise. 

3. Writing. 

4. (2 to 3) Ovid, or Sallust. 

fl. (3 to 4) Scripture Reading, and Recitation. 

Saturday. 

1. Mathematics. 

2. Greek Grammar — History. 

Books used in the Fifth Form. 

English — Bible; Goldsmith's Rome. 

Latin — Grammar; Ellis's Exercises; Electa ex Ovidio and 
Tibullo, Sallust. 

Greek — Grammar ; Valpy's Delectus ; Analecta Graeca Mino- 
ra ; Testament; Valpy's Exercises. 

French — Le Teilier's Grammar ; Henriade, &c. 



SIXTH COLLEGE FORM. 

Monday. 

Division 

1. Mathematics, 

2. Greek Testament, and Recitation from English Tes- 
tament, 

3. 

4. Repetition from Virgil — Virgil or Cicero Construed. 

Tuesday. 

1. Greek Grammar— Homer, or Analecta Minora, 

2. Mathematics, 

3. French, 

4. Greek Exercises — Elements of General History. 

Wednesday. 

1. Mathematics, 

2. Latin Grammar — Latin Exercises. 

Thursday. 
J. Mathematics, 



U. C. College, S53 

2, Greek Grammar — Homer, or Analeta Minora, alter- 
nately with elements of History. 

3, Arithmetic, 

4, Recapitulation of Classical Lessons. 

Friday. 

1. French, 

2. Re-translation of Cicero, 

3. Writing, 

4. (2 to 3)"— Mathematics, 

5. (3 to 4) — Scripture Reading and Recitation. 

Saturday. 

1. Greek Grammar — Virgil or Cicero, alternately with 
Elements of History, 

2. Drawing. 

Books used in the sixth Form. 

English — Bible — Goldsmith's Graece — General History, 
Latin — Grammar — Virgil — Cicero's orations — Ellis's Exercises 

— Steps to sense verses. 
Greek — Grammar — Homer — Analecta Minora — Testament— 

Valpy's Greek Exercises. 
French — Le Tellier's Grammar — Hennade — Boileau. 



SEVENTH COLLEGE FORM. 

Monday. 
Division. 

1. Greek Testament and Recitation from English Tes- 
tament. 

2. Latin Prose Author — Classical Antiquities, or Geo- 

graphy. 
3. 
4. Mathematics. 



Tuesday. 



1. Elements of Natural Philosophy, 

2. Greek Poet. 

3. French. 

4. Mathematics. 

Wednesday. 

1. Greek Grammar— Greek or Latin Re-translation, 
alternately. 

2. Mathematics. 



354 V. C. College, 

Thursday. 

1. Greek Grammar — Horace. 

& Arithmetic. 

2. 

4. Mathematics* 

Friday. 

1 . Repetition from Greek Poet — Greek Exercises. 

2. Drawing. 
<3. 

4. (2 to 3) — Greek Prose Author. 

b. (3 to 4) — Scripture Reading and Recitation. 

Saturday. 

1. Repetitions from Latin Poet — Latin Exercises. 

2. French. 

BOOKS USED IN THE SEVENTH FORM, 

English. Bible — Conversations on Natural Philosophy. 

Latin. Grammar — Valpy's Eiegantsc Lntinas — Cicero do 

Officiis — -.Horace — Scriptores R,omani — Roman 
Antiquities. 

Gxeee. Grammar — Valpy's Exercises — Testament— Collec- 
tanea Majora, vols. 1 and 2 — Greek Antiquities. 

French. Le Tellier's Grammar — Boileau, &c. 

Each of the six lower forms, it will he seen hy the above detail, 
ha3 a recapitulation day in classics, each week, i. e. a day on which 
certain of the Lessons which have been done duiing the previous 
days of the week, are gone over a second time. It is so arranged 
that on every alternate recapitulation day, each form recapitulates 
to the principal, who is thus enabled from time to time, to judge 
of the general progress, and also has an opportunity of becoming 
acquainted with the abilities and character of e\'cry boy in the 
College. 

A public examination embracing all the departments takes place 
arinoalfy in the week preceding the Christmas Holidays — at the 
conclusion of which pr:zes of books are distributed to those scho- 
lars, whoso proficiency and good conduct during the past year, 
have been most distinguished. 



The regular conns at the College is completed in the seven 
forms, according to the detail now given. But to meet the views 
of those parents who arc not desirous of giving their sons a tho- 
rough classical education, pupils who have been rial less than two 
yews pursuing the College course, cr who have completed the 
coarse of the third form, are .allowed, at the especial request of 
tneir friends, to discontinue classical studies, and confine their at- 
tention to the other departments— -a similar exception is occasinaily 
::. , ie, in tat edse of a bpy being, at admission of too aduanceda i 



U. C. College. 35S 

agi to make it advisable that lie should then legin the study of 
Latin — such boys form what is called the partial class — whose o«* 
cupation is as follows : — 

PARTIAL CLASS. 

MONDAY. 

Division. 

1. Scripture Reading and Recitation. 

J. Arithmetic. 

8L Writing. 

4. Mathematics. 





TUESDAY. 


1. 


Mathematics. 


i>. 


French. 


3. 


Writing. 


4. 


English Grammar, Composition and History 




WEDNESDAY. 


i. 


Arithmetic. 


2, 


Geography or Drawing. 




THURSDAY. 


1. 


Drawing. 


2. 


French. 


3. 


Arithmetical Tables. 


4. 


English (as Tuesday.) 




FRIDAY. 


1. 


Mathematics. 


2. 
3. 


Drawing or Geography. 


4. 


Writing. 


5. 


Scripture Reading and Recitation. 




SATURDAY. 


1. 


Mathematics. 


2. 


Arithmetic. • 



The preceding sheets contain such information in reply to #nqui- 
ries contained in an Address of the House of Assembly to Hits Ex- 
celleney, the Lieutenant Governer, relating to Upper Canada Col- 
lege, as I have the means of furnishing — and which I beg leave 
resncctfullv to submit. 

JOS. II HARRIS, D. D. 

Principal of U. C. Colt^e, 
Upper Canada College, ) 

March 12th, 1835. j v 



S56 Address, 

No. 113. 

To His Excellency Sir John Colborne, K. C. B. Lieutenant 
Governor of the Province of Upper Canada, Major Gene- 
ral commanding His Majesty's forces therein, fyc. c\c. fyc, 

May it please Your Excellency r 

We, His Majesty's dutiful and loyal subjects, the Commons 
of Upper Canada in Provincial Parliament assembled, hum- 
bly request that Your Excellency will be pleased to furnish 
this House with copies of all correspondence between His 
Majesty's Government in England and the Government of 
this Colony relating to the several expulsions from this House 
of William Lyon Mackenzie, Esquire ; as also relative to the 
summary removal from the office of Attorney General, Henry 
John Boulton Esquire, (now Chief Justice of Newfoundland) 
and of Christopher Alexander Hagerman, Esquire, from the 
office of Solicitor General, together with ail correspondence 
between the King's Government and Your Excellency res- 
pecting the reappointment of the said C. A. Hagerman to 
the office of Solicitor General, and the appointment of Ro- 
bert S. Jameson to the office of Attorney General, in th& 
room of the said H. J. Boulton. 

MARSHALL S. BIDWELL, 
Speaker 



Commons House of Assembly, 



•} 



19th day of June, 1885. 

- Answer* 

Gehtlembn : 

Copies of the I>8spatches applied for in this address cannot 
I)? laid before the House of Assembly wLhout the sanction 
of llij> Majesty's Gtov€hintem. 



No. 114. 

Case of Francis Collins. 

Thursday, 22 J January, 1829. 

Mr. Daiton seconded by Mr. James Wilson, moves that the 
rd*ess to His Excellency respecting the case of Francis Col- 
Y. . .., bo now read a second time. 

Ifc'hich was carried, a;ud the address was read a second time. 






Case of F. Collins. 357 

On the question for concurrence being put, Mr. Jamos 
Wilson, seconded by Mr. Dalton, moves that the House do 
resolve itself into a Committee of the whole on the address 
in behalf of Erancis Collins. 

Which was carried, and Mr. Peterson was called to tk« 
chair. 

The Speaker resumed the Chair. 

Mr. Peterson reported that the Committee had considered 
the address arid amended it. 

On the question for receiving the report the House divided, 
and the yeas ai taken as follows : 

YEAS — Messrs, Baby, Baldwin, Blacklock, Brouse, 
ell, Cawthra, Dv'^on, Ewing, Fothergill, Fraser, Hopkins, 
Hofnor, Ketchum, Kilborn, Lefferty, Lockwood, Lo. 
Lyons, MeCall, McDonald, Mackenzie, Malcolm, Matth 
Morris, Perry, Peterson, Radenhurst, Randal. John R 
George Rolph, Shaver, Smith, Thomson, Wil 
Wiilson, James Wilson, aud Woodruff— 87. 

tf AYS— Messrs. Bethune, McLean, and Samson— 3. 

The question whs carried in the affirmative by a majority 
of thirty-four, an.! the report was received and the address 
ordered to be :d and read a third time to-day. 

Agreeably to the order of the day the Address to His Ex- 
cellency the Lieutenant Governor, in behalf of Francis Col- 
lins, was read the third time, passed and signed, and is as 
follows : 

To IHs Excellency Sir John Colborne, Knight 

imander of the Most Honorable Military 

V -der of the Bath, Lieutenant Governor of 

i. •■ Province of Upper Canada, Major Gen- 

-tral commanding His Majesty *s Forces ther'e^ 

tiz, fyc. S$c. Sfc. 

May it please Your Excellency : 

.We, Hi*, Majesty's dutiful arid loy;al subjects the Commons 
of Upper Canada in Provincial Parliament assembled, hum- 
bly represent to Your Excellency that we have received a pe- 
tition from Francis Collins, a prisoner in the York. Gaol, un- 
der sentence of the late Court of Oyer and Terminer and 
General Gaol Deliver}' in aud for the Home District, for li- 
bel, by which sentence he is doomed to twelve months im- 
prisonment and to pay a due of fifty pounds ro the King, and 
afterwards to give security for his good! behaviour for three 
years, himself in £400 and two sureties in £100 each, and t$ 
B 3 



253 Case of F. Collins. 

stand committed till those conditions be complied with; and 
having taken the same into our consideration, together with 
tho time he has already been confined, we earnestly entreat 
Your Excellency to extend to Francis Collins the Royal clc- 
mercy, by remitting his sentence Bftd restoring him to his 
family. 

MARSHALL S. BID WELL, 
Speaker, 
Commons House of Assembly, ) 
22d January, 1829. I 



Saturday, 21th January, 1829. 

Captain Matthews, from the Committee to wait upon His Ex- 
cellency the Lieutenant Governor with the Address of tho 
House on the subject of the enlargement of Francis Collins, 
reported delivering the same, and that His Excellency had 
been pleased to give an answer, which he handed to tho 
Clerk who read the same as follows: 

Gentlemen, 

It is my anxious wish to render service to the 
Province, by concurring with the Legislature in every thing 
that can promote its peace, prosperity, and happiness ; and I 
regret exceedingly, that the House of Assembly should have 
made an application to me, which the obligation I am under 
to support the laws, and my duty to society, forbid me, I 
think, to comply with, 

I transmit, for the information of the House, Mr. Justice 
Sherwood's observations, and copies of a Petition from Fran- 
cis Collins, and of the reply to it forwarded by my direction, 



Copt 

York, 5th December, 1828. 
Sib, 

The following are the principal grounds of my 
judgment in the case of the King vs. Francis Collin? lately 
convicted of a libel on the Attorney General. — I think all 
publications of this kind have the effect to create ill blood in 
society, and therefore manifestly tend to a breach of the pub- 
lic peace, which is always regarded of the greatest import- 
ance by all civilized governments. Such publications also 
have- a direct and undoubted tendency to impede the due ad- 
ministration of public justice, by generating a bad feeling and 
injurious prejudice in the public mind, and more particularly 



Case of F. Collins. 35£ 

in the minds of the Jurors who are summoned for the trial of 
causss. This libel, in my opinion, was intended to obstruct 
the admini f justice, because it was printed and puh- 

lished during the sitting of the Court, and just before the de- 
fend tnt was tried '.'or printing and publishing an alledged libel 
on Sir Peregrine Maitland, then the Lieutenant Governor of 
the Province. Any person who writes and publishes fair and 
candid opinions on the system of government and constitution 
of ihe country, or points out what he honestly conceives to be 
grievances, and in a proper and decent manner proposes le- 
gal means for the redress of such grievances, or if any per- 
son, in his publication, enters into a just and useful criticism 
of the productions of others, and shews the pub^c their er- 
rors or absurdities ; cr if any oue, in a decent and proper 
manner, exposes- the errors and wrong opinions of public 
men ; or if he exhibits the evil tendency and unconstitutional 
bearing of public measures, such person in my opinion de- 
serve encouragement. If such publisher however, steps aside 
from the high read of decency and peaceable deportment, 
ftnn adopts a course of public calumny and open abuse against 
the officers of government generally, or particularly against 
the principal law officer of the Crown, in the legal execution 
of his duty in the King's Courts,, as the defendant did, then, 
I think, hf should be punished to that extent, which, in hu- 
man probability would prevent a recurrence of the-onence ; 
snv tiling short of this, would be iugj Cory, and <:a\e an effect 
contrary to the ends proposed by all punishments. 

Taking all the circumstances of the case into consideration. 
Mr. Justice Hagerman and myself deemed the sentence which 
we passed on the defendant, both proper and necessary for 
the public good, and what the case itself required. 

I have the lienor to be, 

LEVTUS P. SHERWOOD, 
Z. Mudge, Esq. 

Secretary to His Excellency 
the Lieutenant Governor. 



Cerr ; 

To Hi s J2 2 • e lien ey S ir J o n >: C o l b o k b? e . Kn iglit 
Commander of the most Honorable, Military 

Order of the Bath. IAev.ir.nant Governor ufthe 
Province of Upper Canada, and Major Gcjicral 



560 Case of F. Collins. 

Commanding Ills Majesty's Farces therein, 
4*c. fyc. Sfc. 

THE MEMORIAL OF FRANCIS COLLINS, 

Editor of the Canadian Freeman, 

Humbly Stiewetii : 

That Your Memorialist was convicted of libel 
upon the Attorney General, at the last York Assizes, senten- 
ced to twelve months imprisonment, to pay a fine of fifty 
pounds and to find security for good behaviour for three years, 
himself in £400, and two sureties in £100 each ; which, sen- 
tence if enforced., amounts in fact, to perpetual imprison- 
ment, 

In consequence cf this ruinous sentence, your memorialist 
has been kept in close confinement in this gaol, for the last 
month, and the business by which he supports his family all 
but ruined, as the entire success of his establishment depen- 
ded solely on his own personal exertions. 

Under these painful circumstance?, Your Memorialist looks 
forward with humble confidence to Your Excellency's clem- 
ency ? to restore him to his liberty, by a remission of the sen- 
tence, and thereby save a young and helpless family from deso- 
lation. 

And Your Memorialist will ever pray. 

- (Signed) FRANCIS COLLINS. 

York Gaol, Nov. 26th, 1828. 



Government House, > 
' Dec. im, 1828. ) 
Sir, 

I am directed to acquaint you that the Lieutenant Governor 
regrets that he cannot think it right to comply with your pe- 
tion, dated the 26th ultimo, but that on the expiration of the 
specified time of your imprisonment, any application you may 
wish to make will be taken into consideration, upon the facts 
alleged in your statement. 

(Signed) Z. M'JDGE. 

Mr. Francis Collins. 



Monday, 26th January, 1829. 
Agreeably to the order of the day the House went into Com- 



Case ol F. Collins. 3^1 

mittce of the whole on His Excellency's Answer to the Ad- 
dress to him, on behalf of Francis Collins. 
Mr. Ewing was called to the Chair. 

The House resumed. 

Mr. Ewing reported that the Committee had agreed to two 
Resolutions, which he was directed to submit i'ov the adoption 
of the House. 

The Report was ordered to be received. 

Resolved, Tl House coes not doubt the sincerity cf 

Hie anxious wish r.\crrcd by His E i bis message, to 

rendei^service to the Province by concurring with the Legisla-i 
ture in every tl ran prom | erity and 

;:i which this House apprehends to 

ed by Hi ney's Message, that they are not 

equally anxious and Iiiv- le great ends, is nei- 

i :y assumed the 
government, nor : : it what they had reason to expect, and in 
pe to receive, in ail en ations from Li'^ Ex- 

cellency to this branch of the Legislature. 

Resolved, That while loes not doubt the di - 

sitiou of His L. ly to extend mercy to those 

who supplicate it from the Throne, they owe it to their own 
honor ihy to declare, that by their application for the 

ancis Collins, they. 

not merited tiie imputation which they apprehend to be 

jncy's Message, that their request was 

inconsistent a due support of the laws and their duty to 

•och tv. 

Mi b, 1829. 

Mr. Dalton, from ct Committee to whom was refer- 

red the petition of Fran s, presented a fifth report, 

accompanied by several Resolutions and an Address to His 
Majesty in behalf of Francis Collins, which was received and 
read. 

Wednesday, 11th March, 1829. 

Mr, Perry, seconded by Mr. Dalton, moves, that the House 
do now resolve itself into a Committee of the whole, on the 
Report of the Select Committee to whom was referred the 
petition of Francis Collins — 

Which was carried, and Mr. Berczy was called to the Chair. 

The House resum 

Mr. Berczy reported, that the Committee had agreed to a 
scries of Resolutions, which he was directed to submit for the 
adoption of the House, and asked leave to sit again lo-morrow. 



S62 



Case of F. Collins. 



On the question for receiving the Ileport, the House divi~ 
ded, and the Yeas and Nays were taken M3 fellows : 

Yeas — Messrs. Baby, Baldwin,, Blacklock, Brouse, Buell, 
Cawthra, Dalton, Dickson, Ewinsr, Fothergill, Fraser, Hamil- 
ton, Hopkins, Hornor, Ketchurn, Kiiborn, Lefferty, Lockn ood, 
Lyons, McCall, McDonald, McKehzie, Malcolm, Matthews, 
Perry, Peterson, Radenhnrst, George Rolph, John Rolph, 
Shaver, Smith, Terry, Wilkinson, James Wilson, and Wood- 
ruff — 35. 

Nays — Messrs. Berczy, Bethune, Henderson, Longley, Mc-* 
Loao, Morris, Samson, and John WiJlson — 8. 

The question was carried by a Majority of twenty-seven,, 
the Report was received* and leave granted accordingly* 



The first Resolution was then put as follows :, 

Resolved, That while prosecutions have been instituted and 
encouraged against Francis Collins, IL C. Thomson, M. P. 
and William Lyon Mackenzie, M. P. Editors of papers op- 
po>m^ the injurious policy pursued by the late Provincial Ad- 
ministration, other papers under the patronage and pay of the 
Provincial Government, have been allowed to disseminate with 
impunity far grosser and more dangerous libels against the 
House of Assembly, as well as against many public and pri- 
vate m ■■ 

On which the House divided, and the Yens and Nays were 
taken as follows : 

Yeas — Messrs.. Baby, Baldwin, Blacklock, Brouse, BueJl, 
Cawthra, Dalton, Dickson, Ewiftg, Fothergill, Fraser, Hamil- 
ton, Hopkins, Hornor, Ketchum, Kiiborn, Lefferty, Lockwood, 
Lyons, McCall, McDonald, Mackenzie, Malcolm, Matthews, 
Perrv, Peterson, Radenfeursf, Geo. Rolph, John Rolph, Sha- 
ver, Smith, Terry, Thomson, Wilkinson,. John Wilson, James 
Wilson, and Woodruff — 37. 

Nays — Messrs. Berczy, Bethune, Henderson, Longley, Mc- 
Lean. Morris, and Samson— 7. 

The question was carried by a majority of thirty. 



The second Resolution was then put as follows : 

Resolved, That the document marked B, is a true copy of 
the Indictment upon which Francis Collins was acquitted at 
t"..: late Court of Oyer and Terminer and General Gaol de- 
livery for the Home District. 

On which the House divided, and the Yeas and Nays were 
taken as follows : 

Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Buell, 
Gawthra, Dalton, Dkkson, Ewing, Fothergill, Fraser, Hop- 
khv*. Hornor, Ketchum, Kiiborn, Lefferty, Lockwood, Lyons,. 



DasE Ob" i<\ CoLLSXS. C6 



> 



McCall, McDonald, Mackenzie, Malcolm, Matthews, Perry, 
Peterson, Radenhurst, George Rolph, John Rolph, Shaver, 
Smith, Thomson, James Wilson, and Woodruff — 33. 

Nays — Messrs. Attorney General, lierczy, Bethune, Ham- 
ilton, Henderson, Longlcy, McLe in, Morris, Samson, Terry, 
Wilkinson, and John Willson — 12. 

The question was carried in the affirmative by s. majority 
of twenty-one. 

The third Resolution was then read as follows ': 

Resolved, That Francis Collins being under prosecution for 
the said alleged libel on Sir Peregrine Maitl . Mr. Attorney- 
General Robinson, daring the said Cuurt at York, endeavored 
to force him to trial, in the first place by erroneously alleging 
the defendant had been arraigned at the previous Assizes ; in 
the second place, when the records of tbe Court were found 
to contradict his assertion, by denying the right to traverse 
altogether, the indictment having been found at the preceding 
Assizes, and in the third place, by contending that having 
omitted to traverse the indictment upen his arraignment as the 
proper time for so doing, he could nat be permitted to avail 
himself of the privilege subsequently ; and that while the lat- 
ter points were still depc :::: ; ::ed, the article 
tor which he was afters : icted and convicted of libel, 
was published. 

In amendment, Mr. Radenhurst, seconded by Mr* Biekscn, 
moves, that after the word " Maitland," in the original resolu- 
tion, ihe remainder be expunged and the following inserted — 
<4 and before the same had been determined, the aiiicle for 
which he was afterwards indicted and convicted of libei was 
published," 

On which the House divided, and the Yeas and Nay f s were 
taken as follows : 

Yeas — Messrs. Berczy, Bethune, Blacklock, Dickson, Ew- 
ing, Fothergill, Fraser, Hamilton, Henderson, Kiibcrn, Long- 
ley, McDonald, McLean, Morris, Radenhurst, Samson, Sha- 
ver, Smith, Terry, Wilkinson, and John Willson— 21. 

Nays — Messrs. Baby, Baldwin, B rouse.. 
Dalton, Hopkins, Horner, Ketchum, Lefferty, Lockwood, L3- 
ons, McCall, Mackenzie, Malcolm, Matthev . Peterson, 

George Rolph, John Rolph, Thomson, J ftson, and 

Woodruff — 23. 

The question was decided in the negative by a majority of 
two. 

In amendment to the original question, Mr. Dalton, second- 
ed by Mr. McLean, moves, that the word " force" be ezpung- 
«d and ihe w^rd M bring" ic sorted in its place, and that after 



364 Case of F. Collin* 

ilis ward " erroneously" the following words be inserted— 
il supposing and." 

Oii which the House divided, and the Yeas and Nays were 
taken as follows : 

Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Bucll, 
Cawthra, Dalton, Ewing, Fraser, Hopkins, Hornor, Ketchum, 
Lefferty, Loekwood, Lyons, MeCall, McDonald, Mackenzie, 
3M ilcolm', Matthews, Perry, Peterson, George Rolph, John 
Rolph, Shaver, Smith, Terry, Thomson, James Wilson, and 
Woodruff— 30. 

Nays — Messrs. Berezy, Bethune, Dickson, Fothefgill, Ham- 
ilton, Henderson, Kilborn, Lcngley, McLean, Morris, R 
hurst, Samson, Wilkinson, and J< >hn Willson — 14. 

5 question was carried, in the affirmative by a majority 
of sixteen, and the resolution as amended was put and car- 
ried as followed : — 

Resolved — That Francis Collins being under prosecution 
he said all 1 en Sir P. Maitland, Mr. Attorney 

General Robinson, during the said Court at York, endeavour- 
ed to bring him to trial, in the first place by erroneously sup- 
posing- and alleging the defe tied at the 
previous assizes ; in the second place, when the recoils of 
the Court were found + o contradict this assertion, by denying 
tHe right to traverse altogether, the indictment having been 
found at the preceding assizes ; in (he third place by contend- 
ing thr havMij to traverse the indictment upon his 
per time for so doing, he could not be 
to avail himself of die privilege subsequently; and 
that wliiie the latter points were still depending, and und 
mined, the article for which he was afterwards indicted and 
convicted of libel was published. 

The fourth resolution w&s carried nera. eon. — as follows: 
Resolved — That the document marked C, is a copy of the 
indictment upon which the said Francis Collins was tried, 
convicted, and punished. 

Present — Messrs. Bab}', Baldwin, Berezy, Bethune, Black- 
lock, Brouse, Bueil, Cawthra, Dahon, Dickson, Ewing, Fo- 
thergill, Fraser, Hamilton, Henderson, Hopkins, Jlornor, 
Ketchum, Kilborn, Lefferty, Longley, Loekwood, Lyons, Mc- 
Lean, MeCall, McDonald, Mackenzie, Malcolm, Matthews, 
Morris, Perry, Peterson,- G. Rolph, John Rolph, Radenhurst 
Samson, Shaver, Smith, Terry, Thomson, John Willson,* 
Wilkinson, James Wilson, and Woodruff — 44. 
The fifth resolution was then put as follows : 
Resolved — That the Select Committee of the- Imperial 
House of Commons upon Canada affairs:, urged in the most es- 
pecial manner upon His Majesty's Government, that a strict 






Case of F. Collies. 3U5 

and* instant enquiry should take place into all tins circumstan- 
ce* attending tiie prosecutions for libel instituted in Low^r 
Canada, with a view 1 to giving such instructions upon them as 
should be consistent with justice and policy — which recom- 
mandation was properly respected and observed in Lpwer 
Canada, and oirjhr not to have b en siightod and disregarded . 
in this Province. 

On which the House divi ieJ ? and the yeas and nays were 
taken as follows : 

Yeas — Messrs. B any, Bafedri in, Berczy, Biacklock, Brouse, 
BueH, Cawthra, Daltbu, Dickson, Ewing, Fothergill, Fraser, ; 
Hami ton, H >pkins, Horner, Ketchu'ui, Kilboru, Lelferty, 
L>^kws)l, Lyons, McCaU, McDonald, Mackenzie, Malcolm, 
Matthews, Perry, Peterson, Radenhurst, G. Rolph, J, Rolph, 
Shaver, Smith, Thomson, Wilkinson, John Wiilson, James 
Wihon, and Woodruff — 37. 

Nays — Messrs. Betlmne, Henderson, Longley,. McLean* 
Morns, Samson, and Terry — 7. 

The question \va» carried in the affirmative by a majority of 
thirty. 

The sixth resolution was then read as follows : 
Resolved — That the document marked D, according to the 
evi !ence of those who t jok down his words, contains a true, 
report of material parts of the charge deliveied by JVlr, Jus- 
tice Sherwood to the Jury, which charge was an unwarranta- 
ble deviation from the matter of record, ;u>d a forced construc- 
tion of language, contrary to Hie ends of fair and dispassion- 
ate justice. 

In amendment, Mr. Dickson seconded by Mr. R idenhurst, 

..move*, that all tin; « ords be expunged after " Jury" in the ori- 
ginal resolution. 

():i which the House divided and the yeas and nays were 
taken as follows : 

Was — Messrs. Attorney General, Berczy, Bethune, Dick- 
son, Fraser, Henderson, Morris, Radenhurst, Samson, Terry; 
»ud John Wiilson— 11. 

Nays — Messrs. Baby, Baldwin, Biacklock, Brouse, BueH, 
C (wihra, Dalton. E'wing, Fothergill, Hamilton,- Jriopkins- 
H o.nor, Ketclunn, Kilborn, Lefferty; Lockwood, Lyons, Mc, 
Grill, McD)!iald, Mackenzie, Malcolm, Matthews, Perry, 
Peterson, G. R »iph, J. Rolph, Shaver, Smith, Thomson, 
Wilki is »!:. J -r.n 's Wilson, ami V V oodruif-— o'Z. 

Tin qjjesLiou was decided iu the negu.ive by a majority ef 
t •»■> em v one. 

C3 



366 Case of F. Collins. 

On the original question the House divided, and the yeas 
and nays were taken as follows : 

Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Buell, 
Cawthra, Datton, Fothergill, Hamilton, Hopkins, Hornor, 
Ketchum, Lockwood, Lyons, McCall, McDonald, Mackenzie, 
Malcolm, Matthews, Perry, Peterson, J. Rolph, G. Rolph, 
Shaver, Smith, Thomson, Wilkinson, James "Wilson, and 
Woodruff— 29. 

Nays — Messrs. Berczy, Bethune, Ewing, Fraser, Hender- 
son, Longlev, McLean, Morris, Samson, Terrv, and John 
Willson— ll. 

The question was carried in the affirmative by a majority 
of eighteen, and it was 

Resolved— That the document marked D, according to the 
rvidence of those who took down his words, contains a true 
report of material parts of the charge delivered by Mr. Jus- 
tice Sherwood to the Jury; which charge was an unwarrant- 
able deviation from the matter of record, and a forced con- 
struction of language, contrary to the ends of fair and dispas- 
sionate justice. 

The seventh resolution was then put as follows : 

Resolved — That Mr. Justice Hagerman, who was one of 
the persons alleged on the record to be libelled, refused to 
receive the verdict as nrst tendered by the Jury, viz : "guilty 
of libel against the Attorney General only" — and directed 
them to find a general verdict of guilty — with which direction 
the Jury complied, whereby the defendant was made to ap- 
pear on record guilty of charges of which the Jury had ac- 
quitted him ; and whereby false grounds were afforded upon 
the record for an oppressive and unwarrantable sentence. 

On which the House divided, and the yeas and nays were 
token as follows : 

Yeas—Messrs. Baby» Baldwin, Blocklock, Brouse, Buell, 
Cawthra, Dalton, Ewing, Fothergill, Hopkins, Hornor, Ketch- 
um, Lockwood, Lyons r McCall, McDonald, Mackenzie, Mal- 
colm, Matthews, Perry, Peterson, G. Rolph, J. Rolph, Shaver, 
Smith, Thomson, James Wilson, and Woodruff — 28. 

Nays — Messrs. Berczy, Bethune, Fraser, Hamilton, Hen- 
derson, Longlev, McLean, Morris, Terry, Wilkinson, and 
John Willson — II. 

The question was carried in the afSrmative bv a majority 
of 17. 

The eighth resolution was then put as ioilows r 
Resoived — That it appears from the appended copy of th» 
fetter #f Judge Sherwood to His Excellency (marked E), that 



I 



Case of F. Collins. 367 

Mr. Justice Hagerman alleged on the record to be libelled, did 
concern himself, with Mr. Justice Sherwood, in measuring the 
punishment of the defendant, thereby, without necessity for it, 
further violating the rule, that a man shall not be a Judge iu 
.his own case. 

On which the House divided, and the yeas and nays were 
taken as follows : 

Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Buell, 
Cawthra, Dalton, Ewing, Fothergill, Hopkins, Hornor, Ketch- 
um, Lefferty, Lockwood, Lyons, McCall, McDonald, Mac- 
kenzie, Malcolm, Matthews, Perry, Peterson, George Rolph, 
John Rolph, Shaver, Smith, Thomson, James Wilson, and 
Woodruff— 29. 

Nays — Messrs. Berczy, Bethune, Fraser, Hamilton, Hen- 
derson, Longley, McLean, Morris, Terry, Wilkinson, and 
John Willson — 11. 

The question was carried in the affirmative by a majority 
of eighteen. 

The ninth resolution was then put as follows : 
Resolved — That from the language of Judge Sherwood in 
his said letter : viz. " If such publisher however step3 aside 
44 from the high road of decency and peaceable deportment, 
44 and adopts a course of public calumny and open abuse 
44 against the officers of Qovernment generally, or particular- 
44 ly against the principal law officer of the crown, in the legal 
44 execution of his duty in the King's Courts, as the defend- 
44 ant did, then I think he should be punished to that extent, 
44 which in human probability would prevent a recurrence of 
44 the offence ; any thing short of this would be nugatory, and 
44 have an effect contrary to the ends proposed by all punish- 
44 ments," it too plainly appears that the punishment inflicted 
upon the said Francis Collins was not confined to the verdict 
as originally tendered by the Jury. 

On which the House divided, and the yeas and nays were 
taken as follows : 

Yeas — Messrs, Baby, Baldwin, Blacklock, Brouse, Buell, 
Cawthra, Dalton, Ewing. Fothergill, Hamilton, Hopkins, Hor- 
nor, Kethum, LelTerty, Lockwood, Lyons, McCall, McDo* 
nald, Mackenzie, Malcolm, Matthews, Perry, Peterson, Geo. 
Rolph, John Rolph, Shaver, Smith, Thomson, Wilkinson. 
James Wilson, and Woodruff — 31. 

Nays — Messrs. Berczy, Bethune, Fraser, Henderson, Lonr- 
ley, McLean, Morris, Samson, Terry, and John Willson— 10. 

The question was carried in the affirmative by a majority 
of tweBiv one. 



363 Case or F. Collins. 

Tho tenth resolution was then put as follows : 
Resolved —Thai the punishment inflicted upon Francis 
•Collins for the said libel, viz: "that he should he imprisoned 
f fod2 mouths, pay a fine of £50 to the King, find securities 
iforhis.&ood behaviour after his liberation for three years, him- 
self in £400 and two sureties in £100 each, and stand commit- 
ted till aii those conditions Should be complied with" is, consi- 
dering the stale of the Province and circumstances of the de- 
fendant, shamefully disproportioned to his. one nee — subversive 
of the freedom of the press, under pretence of correcting its 
excesses, and destructive of the liberty ol the subject, under 
pretence of punishing an offender. 

. On which the House divided, and the yeas and nays were 
taken as follows ; 

. Yeas— Messrs. Baby, Baldwin. Berczy, Blackiock, Browse, 
Buell, Cciwthra, Dalton, Ewing, Fothergiil, Fraser, Hamilton, 
Henderson, Hopkins, Eiornor, Ketchum, Kiiborn, LefTerty, 
Lockwood, Longley, Lyons, McCall, McDonald, Mackenzie, 
Malcolm, Matthews, Morris, Perry, Peterson, George Rolph, 
John Rolph, Shaver, Smith, Terry, Thomson, Wilkinson, 
John Willson, James Wilson, and Woodruff — 39. 
. Nays — Messrs. Bethune, McLean, and Samson — 3. 

The question was carried in the affirmative by a majority of 
thirty six. 

The eleventh resolution was then put as follows : 

Resolved — That from the state of this Province and tbs 
circumstances of the said Francis Collins, the exorbitant and 
oppressive bail required from him, leaves him no other aJterna* 
live than perpetual imprisonment or the abandonment of the 
press by which he main t a his himself and a wife with an infant 
family. 

On which the House divided, and the yeas and nays were 
taken as fo-lows : 

Yeas — Messrs. Baby, Baldwin, Berczy, Blackiock. Brouse, 
Cawthra, Dalton, Dickson, Ewing, Fothergiil, Fraser, Ham- 
ilton, Henderson, Hopkins, Hornor. Ketchum, Kiiborn, Lff- 
ferty, Lockwood, Longley, Lyons, McCali, McDonald, Mac- 
kenzie, Malcolm, Matthews, Morris, Perry, Peterson, George 
Rolph, John Rolph, Shaver, Smith, Terry, Thomson, Wilkin- 
son, John Willson, James Wilson, and Woodruff — 39. 

N%ys — Messrs. Bethune, Buell, McLean, and Samson — 4. 

The question was carried in the affirmative by a majority 
of thirty-five. 

The twelfth Resolution was thcti put »rd curried wvi. en. 
Present-— Messrs. Baby. Baldwin, Btnzy, Bethune, Black- 






Case of F. Collins. 369 

lock, Brouse, Bueli, Cawthra, Dalton, Dickson, Ewing, Foth- 
ergill, Fraser, Hamilton, Henderson, Hopkins, Horner, Ketch- 
urn, Kilborn, Lefferty, Longley, Lockwood, Lyons, McCall, 
McDonald, Mackenzie, Malcolm, Matthews, McLean, Morris 
Perry, Peterson, G. Rolph, J. Rolph, Samson, Shaver, Smith 
Terry, Thomson, John Willson, Wilkinson, James Wilson &.' 
Woodruff, — And it was 

Resolved, That the document marked F. is a true copy -of 
the Address of this House to His Excellency, with the Yea9 
and Nays upon the passing thereof — praying for the pardon of 
Francis Collins and of the answer of His Excellency to the 
same. 

The thirteenth Resolution was then put and carried nem.con. 

Present — Messrs. Baby, Baldwin, Berczy, Bethune, Black- 
lock, Brouse, Buell, Cawthra, Dalton, Dickson, Ewing, Foth- 
ergill, Fraser, Hamilton, Henderson, Hopkins, Hornor, Ketch- 
ura, Kilborn, Lefferty, Lockwood, Longley, Lyons, McCall, 
McDonald, Mackenzie, Malcolm, Matthews, McLean, Morris, 
Perry, Peterson, George Rolph, John Rolph, Samson, Shaver, 
Smith, Terry, Thomson, Wilkinson, John Willson, J as. Wil- 
son, and Woodruff. — And it was 

Resolved, T.'iat when the said application from this House 
was made to His Excellency for the pardon of the said Collins, 
he had been about three months in gaol. 

The fourteenth Resolution was then put as follows: 

Resolved, That the doctrine laid down in the letter of Judge 
Sherwood, viz: that the extent of punishment should be such 
as will in all human probability prevent the recurrence of the 
offence — and that any thing short of it would be nugatory, and 
have an effect contrary to the ends proposed by all punish- 
ment — it is an unjust and imperfect view of such a question, 
dangerous in a judge entrusted with the administration of the 
criminal justice of this country, and calculated to render the 
criminal law, so administered, a scourge to the community. 

On which the House divided, and the Yeas and Nays were 
taken as follows : 

Yeas — Messrs. Baby, Baldwin, Blacklock, Brouse, Buell, 
Cawthra, Dalton, Dickson, Fothergill, Hopkins, Hornor, 
Ketchum, Kilborn, Lefferty, Lockwood, Lyond, McCall, Mc- 
Donald, Mackenzie, Malcolm, Matthews, Perry, Peterson, G. 
Rolph, John Rolph, Shaver, Smith, Terry, Thomson, James 
Wilson, and Woodruff — 31. 

Nays — Messrs. Berczy, Bethune, Hamilton, Henderson, 
Longlev, McLean, Morris, Samson, Wilkinson, and John 
Willson— 10. 

The question was carried in the affirmative by a majority 
©f twenry-one. 



370 



Case of F. Collins. 



The fifteenth Resoluion was then put as follows : 

Resolved, That it is inconsistent vviih the liberty of the 
press, that a person should, before conviction, be called upon 
to find bail for good behaviour, upon so indefinite an offence as 
libel, and that the law under which such proceeding is justified 
in this Province, is well objected to by Lord Ashburtcn in the 
following terms— "I never heard till very lately, that Attor- 
* nies General upon the caption of a man supposed a libeller, 
*'' could insist on his giving securities for his good behaviour. 
** It is a doctrine injurious lo the freedom of every subject, 
** derogatory from the old constitution, and a violent attack if 
'■ not an absolute breach of the liberty of the press. It is not 
4< law, and I will not submit to it." 

On which the House divided, and the Yeas and Nays were 
taken as follows : 

Yeas — Messrs. Baby, Baldwin, Biackiock, Brous**, Caw- 
thra, Dalton, Dickson, Ewing, Fothergill, Henderson. Hornor, 
Ketchum, Kilborn, Lefferty., Lockwood, Lyons, McCail, Mcr 
Donald, Mackenzie, Malcolm, Matthews, Perry, Peterson, G. 
Rolph, John Rolph, Shaver, Smith, Terry, Thomson, James 
Wilson, John Wiilson, and Woodruff — 82. 

Nays — Messrs. Bethune, McLean, Morris, and Samson — 4. 
- The question was carried in the affirmative by a majority 
of twenty-eight. 

The sixteenth Resolution was then put as follows ; 

Resolved, That an earnest appeal be made to His Majesty 
to relax, in this case, the rigor of that law, which was made for 
the happiness and welfare of the people, who pray for its re- 
laxation, and that His Majesty be requested to lay these re- 
solutions and documents before the Imperial Legislature. 

On which the House divided, and the Yeas and Nays were 
taken as follows : 

Yeas — Messrs. Baby, Baldwin, Biackiock, Brouse, Caw- 
thra, Dalton, Dickson, Ewing, Fothergill, Hopkins, Hornor, 
Ketchum, Kilborn, Lefferty, Lockwood, Lyons, McCall, Mc- 
Donald, Malcolm, Matthews, Mackenzie, Perry, Peterson, G. 
Rolph, 'John Rolph, Shaver, Smith, Terry, Thomson, James 
Wilson, find Woodruff— 31. 

■ Rays — Messrs. Attorney General, Berczy, Bethune, Fra- 
ster, Hamilton, Henderson, Longley, Morris, Samson, and 
Wilkinson— 10, 

The question was carried in the affirmative by a majority 
o r t~/cmty-one. 

Mr. John Rolph, seconded, by Mr, Perry, moves, that it bs 

Rstohed, That the honorable Mi. Justice Sherwood and 
tKe honorable Mr. Justice JS3agenn&n, wex$ Somrncned to ap- 



Case of F. Collins. 371 

p«ar before the Select Committee of i his House appointed 
to enquire into the case of the sn:d Francis Collins, and hav- 
ing appeared before the said Committee, and being made ac- 
quainted with the allegation of the petition, an opportunity 
was afforded them of offering any explanation ; which op- 
portunity was declined by them. 

Which was carried. 

The Address to His Majesty was then read a second time. 

Mr. Perry, seconded bv Captain Matthews, moves, that af- 
ter the word " dominions, ,? in the Address to His Majesty, the 
following words be added, " and that Your Majesty will bo 
44 gracioush r pleased to lay a copy of the resolutions and ac- 
" companying documents before Your Majesty's Parliament 
M of the United Kingdom of Great Britain and Ireland," — 

Which was carried, and the Address was concurred in, and 
ordered to be engrossed and read a third time this day. 

Thursday, 12th March, 1829. 

Agreeably to the order of the day, t\ — I ■ flia Ma- 

jesty in behalf of Fran third time. 

On the Question for passing the same, the House divide:', 
and the Yeas and Nays were taken as follows : 

Yeas — Messrs. Baldwin, Blacklock, Buell, Cawthra, Dalton, 
Ewing, Horner, Ketchum, Kilborn, Leffert}', Lockwood, Ly- 
ons, McDonald, Mackenzie, Malcolm, Matthews, Perry, Ps- 
terson, John Rolph, Shaver, Smith, Thomson. James Wilson, 
and Woodruff — 24. 

Nays — Messrs. Dickson, Henderson, Longley, Morris, R«- 
den hurst, Samson, Terry, and Wilkinson — 8. 

The question was carried in the affirmative by a majority 
of sixteen, and the Address was signed and is as follows: 

To the King's Most Excellent Majesty : 
Most Gracious Sovereign, 

We, Your Majesty's dutiful and loyal Sub- 
jects, the Commons of Upper Canada, in Provincial Parlia^ 
meat assembled, humbly request Your Majesty's most favora- 
ble consideration of the Resolutions and Documents accompa- 
nying this Address, and humbly pray Your Majesty to extend 
to Francis Collins the Royal Clemency, by remitting the resi- 
due of his punishment — which act of mercy will be most ac- 
ceptable to the people of this Province, and be regarded by us 
as a fresh proof of Your Majesty's gracious disposition to con- 
sult the wishes and happiness of Your people in all parts of 
Your ample dominions — and thst Your Majesty will be gra- 
ciously pleased to lay a copy of the Resolutions and accon* 



372 



Case of F. Collins. 



panying Documents before Your Majesty's Parliament of tha 
United Kingdom of Great Britain and Ireland. 

MARSHAL S. BIDWELL, Spjukkr. 
Commojis House of Assembly, > 
12th March, 182& ) 



Mr. Perry, seconded by Mr. L>ahon, moves, that an Ad- 
dress be presented to His Excellency the Lieutenant Governor 
requesting hirn to transmit to His Majesty the Address of rhis 
House, and the Resolutions upon winch it is founded, and also 
the evidence and accompanying documents reported by the 
Committee to whom was referred thfl petition of Francis Col- 
lins, and that Messrs. Lefferty and Woodruff be a Committee 
to daft and report the same, 

Which was carried. 



flEFOET 

ON THB 

PETITION OF 

WILLIAM P0KS753, 

OF THE NIAGARA FALLS PAVILION, 

COMPLAINING OF 

MILITARY OUTRAGE, &c. 



CONTEXTS. 



Pag-e 

Petition of William Forsyth . 1 

Evidence of Mr. Jameson, Attorney General 2 

— Mr. RffcMicking, M. P. P. for Lincoln 4 

, Mr. Thorburn, M. P. P. for Lincoln ib, 

Despatch of Sir J- Colborno to Viscount Goderich ib. 

Letter, C. J. Robinson to Col. Rowan 5 

Statement by Captain Phillpotts 12 

Despatch, Sir P. Maitland to Mr. Secretary Huskisson... 13 

Letter, Mr. Beardsley to Col. Givm.? 13 

Colonel Giyins' xi.epij'' ,. ib* 

Letter, Major Hillier to Col. Giving ib. 

, Mr. Beardsley to Ccl. Coffin 19 

Colonel Coffin's Reply. ib. 

Letter, Col. Coffin to Major Hillier ib. 

Minute of the Executive Council 20 

Despatch, £ir George Murray to Sir J. CoJborne ib. 

, Mr. Secretary Stanley to Sir P. Maitland 21 

, Sir P. Maitland to Mr. Secretary Stanley ib. 

Memorandum by Mr. Kagerman. > 24 

Letter, Mr. II. J. Boulton to Sir P. Maitland. ib. 

Address, House of Assembly to His Excellency, to trans. 

mit Report to Km. Government £5 

An^ver ef His Excellecny. „ ib. 






R EPOR T. 



— *~*~* — 

To the Honorable the House of Assembly : 

The Special Committee on Grievances, to whom was 
referred the Petition of William Forsyth, of Bertie, late proprietor 
.of the INiagara F<ilis Pavilion Estate, complaining of the unwar- 
rantable interference of S:r Peregrine Maitland with his civil 
rights, in the employment of a Military Force to dispossess him of 
his property, and of other wrongs done him on the part of the Go- 
vernment respectfully report :— <- 

1st. That William Forsyth was in quiet and peaceable posses- 
sion of certain land and premises, near the Falls of Niagara in 
1627^ respecting his title to which, as proprietor, some disputes 
have arisen, which have since terminated, in a verdict in favour of 
the persons to whom he sold the estates, on an action of trespass,. 

3J. That Sir Peregrine Maitland, acting in his military capacity 
as Major General Commanding the Forces in Upper Canada, and 
without consulting the Attorney General, issued his orders to 
Captain Phillpots to dispossess Mr. Forsyth and eject him from his 
property by force. 

3d. That Captain Ph.i'potts in the above year, acting in obedi- 
ence to the commands of Sir Peregrine Maitland, took with him a 
party of soldiers, entered with them upon Mr. Foreyth'3 premises, 
and in dei^nee of hi remonstrances and entreaties cut and threw 
down his fences leaving his growing crops exposed, destroyed his 
Blacksmiths' shop, and caused him other damage and injury. This 
they did on the 18th of May, 1527. 

4th. That Mr. Forsyth employed persons to build up and repair his, 
fences, and restore his premises to their wonted state of order 
and regularity, the outrage having been committed at a season 
of the year in which many strangers visit the Falls. 

5th. That Captain Philpotts and his soldiers, acting as before 
.mder the superior authority cf Sir Peregrine Maitland, again en- 
tered upon Mr. Forsyth's lands, threw down hi3 fences, destroyed 
his crops, and did him damage, they paying no attention to his re- 
monstrances. 



iv Report. 

6th. That this second outrage, like the first, wai unknown to the 
Attorney General, whose first knowledge of these cue 
was acquired after he had been instructed to defend Captain PhiU- 
pott's conduct in an action brought by Mr. Forsyth. 

7ch. Tint Mr. Forsyth vis b;iin >.d in hi ts to obtain re- 

dress in the ordinary F Law, and that when the House of 

Assembly took the matter up on his petition Sir Peregrine Mait- 
land ordered Colonels Givens and Coffin to disobey their summons 
so that the evidence which would have identified the Lieutenant 
Qovernor with these matters could not then he obtained, the Colo- 
nels choosing- to remain in gaol, till the close of that Parliament, 
rather than give their testimony before the Committee. 

8th. That the Select Committee, consisting ef Mr. John Ilolph, 
Chairman, Gaptays Matthews, and Messrs. Randal, LefFerty, and 
Beardsley, reported that "Richard Leonard," then Sheriff (and to 
whom the law had entrusted a large discretionary power in the se- 
lection of Jurors) "was present countenancing the party commit- 
ting the trespass," that "both the Crown Officers were engaged in 
defence. of the persons guilty of the outrage," and that " it is clear 
that a person long in possession of land, like the petitioner, ought 
to WPve been ejected by the law of. the land, which is ample, 
impartially administered, for securing the rights of property, but 
the interference of the Military, by such acts of violence, for main- 
taining supposed or contested rights, is justly regarded with jp*„ 
lousy in all free countries, and ought to be seriously regarded m a 
Colony, where the most unprecedented outrages have been perpe- 
trated without prosecut ; on, and even followed by the patronage of 
the local government upon the wrong doers." 

9. That Mr. For^'th applied by petition to His Majesty, and 
that Mr. Mackenzie, a member of this Committee, at his special 
request, brought the afEiir under the immediate notice of the Colo- 
nial Department in 1882. 

10. That the House of Commons addressed His Majesty in its 
Session of 1332, and again its Session of 1833, for " Copy of tho 
M Reports of two select Committees to whom were severally referred 
•* petitions addressed to the House of Assembly of Upper Canada, 
■• in the Session of the Provincial Legislature, 1828, complaining of 
♦* improper conduct on the part of Captain George Philpotts of the 
M Royal Engineers, and other wrongs, and of the administration of 
** justice; with the evidence attached to these Reports, as present- 



"Report. r 

" ed to the House on the 24th March, 1828, by Mr. Rolph ami Mr. 
" Be&rdsley, with the proceedings of the House in the case of Co- 
11 lonelts Givins and Coffin, heads of Departments, who wore sent 
11 to gaol for refusing to give testimony in the matter of Capt. I 
*■ pots, they severally alleging to the House that the Major General, 
" then commanding, would not permit them to attend, together with 
44 the proceedings- if any, which have been had thereon by His Majes- 
" ty's Government, or the local authorities/' And that these docu- 
ments were accordingly transmitted by His Excellency Sir John 
Cplborne, and ordered to be printed by a resolution of the Corn- 
mens House of the Imperial Parliam 

11th. That it appears on a reference to the Despatch of 
Sir Peregrine MaiUand addressed to Mr. Secretary Huskisson, 
on the 39th of March, 1828, that it contained a gross and unwar- 
rantable attack upon the rights, privileges and character of the 
House of Assembly, and a Committee of its appointment, and that 
.the secrecy of a confidential communication from the Lieutenant 
Governor of this Colony was taken advantage of to slander and 
traduce the character of Mr. Forsyth to his sovereign, as " a per- 
son notoriously of in-different character." 

12th. That the conduct of Sir Peregrine Maitland in t!*s ^o pro- 
ceedings was justly condemned by Secretary Sir George Murray, 
as appears by Irs despatch £0 Lieutenant Governor Sir J. Colborne, 
dated October 20 h, 1828, of which a copy is hereto annexed. 

13th. That it appear? from Mr. Forsyth's petition that harjassed 
,as he had been by illegal proceedings and wearied with fruitless 
applications for redress, he concluded to dispose of his valuable 
estate, for less than it was worth, and that no compensation haa 
been made him for the injuries he sustained by the unlawful pro- 
ceedings taken against bin? by authority of the late Lieutenant 
.Governor. 

14th. That in a letter to Colonel Rowan, dated the Slst of D? 
-eember, 1832, Chief Justice Robinson, after giving a description 
of Forsyth's Estate^ adds that " Mr. Forsyth does not now occu- 
py any part of the property in question, having ro]d it to orrsong 
who, I am convinced will never pretend that they have a right to 
-enclose the public reservation to which he asserted a claim. " 

15th. That Messrs. Clark and Street, the persons who purchas- 
ed the property from Mr. Forsyth have not only asserted their 



TI 



Report. 



right to enclose it, bat have also succeeded in obtaining a verdict 
for a trespass ujjcm it. 

16th. That it appears from the accounts 6ent down to this 
House that £127 6s. 6£d. Sterling, were paid to the Attorney Ge- 
neral last year, out of the funds raised by duties levied under the 
Act 14th George III. for w expenses incurred bv him in defending 
two suits with costs iu reference to tiie Military Reserve near the 
Falls of Niagara." 

Your Committee are of opinion that the petitioner William For- 
syth hath sustained great injury at the hand of Sir Peregrine Mait- 
land, and others acting under his authority, while he comm. 
the Military ferce stationed in the Province; an J that h^ io entitled 
to such compensation for the wrongs done him, as it may be within 
the power of government to afford, and they recommend, aa Li ...e 
proper course to be pursued, that an Address be presented to the 
Lieutenant Governor, requesting His Excellency to bring the cir- 
cumstances of the Petitioners' case under tiie consideration of Ilij 
Majesty's Government, in order that that redress and remuneration 
jnay be afforded him, for which he has so long, and hitherto, so iia» 
successfully applied. 

WM. L. MACKENZIE, 

Chairman. 
T. D. MORRISON, 
DAVID GIBSON, 
CHARLES WATERS. 

Commiiiee Room, House of Aseembly, > 
April 1st, 1835. " \ 



Petition of W< Forsyth. 



Tiie Committee met, and the petition of Mr. Forsyth was read 
as follows :— 

To the Honorable, the Corrtonons House of Assembly in Provincial 
Parliament Assl mbled. 

The Petition of William Forsyth of Bertie, in the Fourth 
Riding of Lincoln, Yeoman. 

Humbly Sheweth : 

That Your Petitioner, on the second hist, complained 
by Memorial to His Excellency Sir John Col bo roe, in the follow- 
ing terms : — 

Stating that in 3821- I (William Forsyth) bought from William 
Dickson, Esq. Lot 159, with the broken front between it and the 
Niagara River, adjoining the Falls, also other parts of Lots that 
had been granted to one Francis Ellsworth about 35 years ago. 

That in 1S27 Captain Philipotts, with a Military force, viole - 
ly and unlawfully wrested from me the valuable strip of land on 
the high bank and brow of the hill near the Fall?, the said Phili- 
potts acting under the direction of Sir Peregrine Maitland, that my 
Gardens and Meadows were twice thrown open and my growing 
crops subjected to *^ste, my Blacksmith's shop destroyed arid 
thrown over the hill — and that at least 60 acres of growing crops 
were more or less injured. 

That I went to law for my damages and to defend my title — had 
various success — was harrassed many ways — injured ro my oh> 
cu instances — traduced in my character by the Liei over- 

nor — persecuted for the sake of my valuable estates wl ich others 
■were anxious to obtain — and embarrassed in my business because 
I had had fortitude to resist executive usurpation-— that thus situ- 
ated I resolved to sacrifice the whole Falls estate to those who 
were more likely than myself to obtain equal justice — and that I 
did so at a price at least $15,000 le?s than its fair v f .,ue to the 
present owners who had no difficulty in obtaining thsrt justice m 
the premises which to me (a marked man) had been continually 
denied. 

That your petitioner concluded his statement by praying that 
the Executive Government would compensate him for the injus- 
tice he had sustained — and received in reply an opinion signed by 
the Attorney General referring; to the documents printed by order 
of the House of Commons 18th July 18-3o, and affirming that the 
government had not abandoned its claim to the property in ques- 
tion, and that if it appeared expedient to the constitute authorities 
it was his intention to proceed against Chirk and Street " by the 
information of intrusion," the Lieutenant Governor in Council, at 
same time, stated that the new proprietors were placed in your pe- 
titioner's stead by his sale to tl 

Your petitioner has long waited for justice, and he refers to the 
several lawsuits he has been engaged in — to his humble petitions 
to your honorable house — to the very favorable reports made ua 



2 Evident. 

Vhcm by the three Select Committees of which John Rolph Esq, 
E. C. Beardsley Esq. aod the late Colonel Boroorivere Chair- 
men— to the attention paid to his case by the enquiries and ad- 
dresses of the Honorable the House of Commons— to the evidence 
on the Journals of your Honorable House shewing that he has 
been the victim of lawless outrage and military violence — to his 
memorials to his Majesty— and to the many days he has passed in 
attendance upon the Legislature urging its interposition in his case. 

Your petitioner has had his charactei traduced in the most in- 
decent terms by the late Lieutenant Governor, in his secret com* 
munications to the Colonial Office : your honorable house has also 
been grossly misrepresented to his Majesty as a baud of conspira- 
tors, and a report i: t your petitioners favor emanating from soma 
of the most honored members of the Legislature was secretly de- 
nounced, to our most gracious Sovereign, by the then head of the 
government here, as a production '■* drawn in terms which gratify 
the malice of an individual or answer the temporary purpose of air 
unprincipled faction," meaning your honorable house as it exist- 
ed in the Ninth Parliament. 

Information as to the outrage committed at the Falls was with- 
held from your honorable house by the express commands of 
the Lieutenant Governor, who ordered his officers to dieobey the 
summons of the House, and to keep back the facts by which the 
full extent of the atrocities practised by the Military band under 
Captain Phiilpotts would have been exposed; and although Colo- 
nek; Coffin and GivenS were imprisoned for contempt, the purpo- 
ses of the enemies of justice were answered, and enquiry was smo- 
thered. In order to strike terror into the press and prevent it 
from exposing these high handed acts, a presentment was made 
against one of the Editors of this City for expressing his detesta- 
tion of the cruelty which had been practised towards your petition- 
er-— and the then Surveyor General joined the enemies of inves- 
tigation by refusing to obey the order of the House or to give that 7 
evidence which would have elicited the facts in your petitioner's 
favor. 

Your petitioner domes before your honorable house as a maa ; 
marked out by the finger of authority to be oppressed with impu- 
nity — and humbly and earnestly implores your assistance, so that 
justice — tardy justice — may be done him, and the honor of the 
Crown and the rights of the subject (violated as they have been 
in Ins person) duly secured, asserted and maintained. 

And your petitioner as in duty bound will ever pray. 

Wm. forsytit, 

Niagara Falls Pavilion, February, 1635. 



Friday , 2(iih March, 1835. 

ROBERT 5. JAMESON, Esq., Atton-y Genzkal, called in 

and examined. 

Mr. Forsyth of Bertie, late the proprietor of the Niagara Falfc 
F&vihon, has petitioned the Ilcnse, conipia.nin^ that at 'east 



EviL'E-N'C'E. 



$15,000 have been lost to him in the sale of tho Falla Estate, by 
the opposition made to his claim to a certain part of that Estate by 
the Executive Government, which claim has, lie says, been aban- 
doned by it,- since he sold to Messrs. Clark and Street. What 
information can you afford this Committee concerning his claim for 
redress 1 — 

Answer. — Most of the circumstances to which Mr. Forsyth al- 
ludes took place before my arrival in this Province, and are detail- 
ed in t)ro documents appended to his petition now before me. With 
regard to the matters within my own knowledge relating to Mr. 
Forsyth's case, I cannot convey the information required of me by 
the Committee more succinctly than by putting 1 in an extract from 
the remarks made by me (4th Feb.) upon Mr. Forsyth's petition to 
His Excellency, which he has partly set out in the one subsequent- 
ly presented to the House of Assembly, and which is now before 
the Committee ; my opinions upon the subject being the same as 
when those remarks were written. 

The Petitioner, in alleging that " the private Company" (to whom 
he states that he had sold his property at the Falls <f Niagara) 
" found little difficulty irr obtaining from the Government that jus- 
tice which had been continually denied to him/' is evidently under 
» total misapprehension. He seems to suppose that the Govern- 
ment has abandoned to Messrs. Clark and Street that which it sav- 
ed for the public from the intrusive appropriation of Mr. Forsyth 
himself. It is true that after having been by two verdicts, and 
judgments of the Court of King's Bench, decided to be a public 
reserve, Messrs. Clark and Street, the present proprietors of the 
land adjoining-, succeeded last year in obtaining a verdict for a 
trespass upon thai small piece of ground on the Bank of the River 
opposite the Fall*, which was in 179S specially reserved in the 
Patent to Elsworth ; but that verdict was set aside by the Court of 
King's Bench, as being contrary to evidence. When this action of 
trespass came en to be re-tried at the last Niagara Assizes, the 
principal, and in fact the only important witness for the defence, 
the Surveyor, who originally laid out the reserve, before the adjoin- 
ing land was granted, did not obey the subpoena ; he being, as he 
afterwards explained? just recovering front a dangerous sickness, 
and as the Judge at Ntei Prius did not think it right to accede to 
my application to allow the esse to stand over for a few days until 
he could attend, no evidence was offered. The verdict however in 
this personal action I considered as comparatively of little import- 
ance, since a suit was at that moment pending on the part of the 
crown against Clark and Street winch would have conclusively 
settled the title to the laud, and whi6h then stood for trial, but from 
the absence of the witness above mentioned the record was for the 
present withdrawn. So far from entertaining any doubt as to the 
right of the crown to t;,e reserve in question, I am convinced that 
the claim now set up by Clark and Street is an unrighteous one ; 
and unless it should be considered by the Executive Government, 
for any reason njt at present apparent, to be inexpedient, it is 
my intention to proceed against those gentlemen by the infor- 
mation of intrusion, which I was, for the reason I have just stated, 
obliged to withdraw. The Cominitt.se will observe therefore that 

£3 



4 Evidence. 

the government I;ay nut abandoned the claim since the sale of th# 
property to Messrs. Clark and Street; but on the contrary has ex- 
pressly sanctioned the he vindication of 
w!:':t it conceives to be the right 1 rrved 
«laim on the top of the bank opposite to the Falls of" Nii^ara, 
which the £ nt is desir e ?p o;;e»i &6 an approa 
iLi view oa the Falls. 



GILES HT OIoMICElNG, E 

i;» a 

A petition Ins been referred to this Committer complaining of 
gr^nt wrong's do »c to Mr. Forsyth of the N:agar.i Fa:;?, by Captain 
Philpotts and the M litary. — What do you know of that transac- 
tion 1 — \ g oss i ;e of the li 
it created very grent >: ■ :■ h-\B 
been obtained againsl has placed ths 
jud.ciary authority of this ]?:^v'.nc? not nLv,ve suspicion. 



I>AVIDTHORBURN,Esq , M.P.P.forthe Falls cf Niagara 
Riding oj the County of Lincoln, called in and examined- 

You presented a pet 
o.viur of the Niagara Fa he had sua. 

tained great injury at the hand of she government, ami ?hut a vio- 
lent outrage had been committed upon his property while at the 
Fails. — What d.) you know respecting these matters? — The gene- 
ral feelings of the country was opposed to the outrage by i\),; AiUi- 
tarr, bat I am not aware that Mr. Forsyth ever got any redress. 

It aopears by the accounts &e ession 

that £ sterling h&A been paid out ot the Provincial Reve- 

BfttSa without tiie consent ef the Legislature, to the Attorney Gene- 
ral for defending suits with respect to the title of the crown to some 
pat of the property claimed ly Mr. Forsyth — Are you aware what 
*teps Mr. Forsyth-, or the persons he has sola to have taken in these 
lawsuits ?— I am not. 



Upper Casiada. 

No. 1. 

Cor? of a Despatch fror.% Major Gcnzrul Sir John Cotbornt to 
Viscount Godirkh. 

Upper Canada, ) 

Ycrl: 11 y, 1833. \ 

DUD, 

I have th J forward to yo 
ents witU refoience to ycurLoi -. sj itchcfthe21 



Ht Loud 
cecum 



Ho:;. J. B. RoBlPTSOiT 



tf August, in which was transmitted a copy of Resolutions of tbe 
House of Commons, ug certain petitions addressed to the 

House of Assembly i the session of the Provin- 

cial Legislature of 1823, and to acquaint your Lordship, that as 
the eircum connected with F< .if.ion could not 

oderstood without a report .^lice Robinson, who 

was Attorney General at the lime Forsyth brought his action for 
trespass, I have considered it necessary to call on the Chief Jus- 
tice for such explanations connected with the affair as he might be 
• Me to afford^ and to forward tkem for the information of th« 
House of Commons, 

I have &c. 
(Signed) J. COUBQRXE. 



Letter from Chief Justice Robinson to Lieutenant Colonel Rovxah 
Secretary, Bfc. fyc. fyc. 

Yoax 31st Ikcember, 1832. 
SIB, 

I have the honor to acknowledge the receipt of your 
letter, transmitting some >ns of the House of Commons, 

in consequence of which His Exec : Lieutenant Gover- 

nor has been desired to furnish copies of certain proceedings in 
thri Assembly of this Province, upon petitions preferred by Wiir 
liam Fqrsyth, 

In reply, I beg leavs : sf e, that the specific call for informa- 
tion which j of Commons has made, wonid be answered, 
S3 it appears to me, by merely transcribing from the Journals of 
the Assembly the Reports referred to, and the evidence appended 
to them, and I ; those papers to England. If the sub- 
ject of reference to me is to obtain any further 
information on the snbject of those complaints which it is in my 
power to give, f can hav to state such facts as are 
wiih'm my \ according to the best of my recollection.—- 
The reports alluded to have not, so far as i am aware, engage*! 
my attention in tL - country, either in the Legislature or out of it, 
for some;years.-I hn*'e long ceas them ; and it is more 
than three years ifmce I fill e Government, 
which gave me official knowledge of the matters they refer to. it 
is therefore pre' ' uinor circumstances may have 
passed from my mind, but 1 apprehend the following statement 
will be found to be in sub rect. 

The Township of Stamford, and the other Townships on the 
River Niagara, as well as some other parts of this Province* were 
purveyed anil laid eut into lots before.the division of the Province 
•of Quebec into tJpper and Lower Canada, some time between the 
years 1735 and : tlaldiman itered 

the Government of Canada. 1 1 Faying out 'he iands on the River 
Niagara, a reservation of a Chain in v feet) was made 

along the top of the bank, partly, I think, with a view to 'be Milj-i 



6 



Hon. J. B. Robinson, 



tary defence of the Province, and partly for the purpose of preferr- 
ing a convenient communication. 

The River, which in many places is of very moderate width, 
constitutes a boundary between us and the United States of Ame- 
rica ; and it no doubt occurred to the government that in the event 
of war, it might be necessary to construct batteries and other 
works upon the bank to repei invasion, or to command the pas- 
sage of the river. In the war which occurred in 1812, batteries 
were in fact constructed at numerous points along the river. 

In more recent surveys, made under the authority of the gov- 
ernment of Upper Canada, it has been thought obviously proper 
for other reasons, and independently of these considerations, to 
reserve to the Crown, for the public convenience, the space of a 
chain along rivers and other waters of far less importance than 
the Niagara; such a reservation, by preserving the land open, af- 
fords to all persons access to the water without trespassing upon, 
the lands of private proprietors. 

After General Simcoe assumed the government of Upper Cana- 
da as a separate Province, (in the year 1792) the particular public 
reservations which had been made along the Niagara river, in the 
original surveys were designated, and reported to him by the Sur- 
veyor who had made those surveys under the authority of the 
Government. Among these, (for there were others at particular 
points) was the general reservation I have mentioned, of one chain 
from the top of the bank along the River Niagara. 

The Letters Patent afterwards issued by the Provincial Govern- 
ment to the several grantees specified this reservation or exception. 
It was a matter perfectly notorious and well understood, and no 
doubt or difficulty, that 1 have heard of, ever arose upon the subject for 
nearly forty years, and until Mr. Forsyth in the year 1826 or 1627, 
took upon himself to inclose with a nigh post and rail fence, the 
allowance or reservation of one chain along- the bank of the river in 
front of his own lands; and the effect of making this inclosure in 
the place and manner in which it was made, was to exclude the 
public from access to the great natural curiosity, the Falls of Nia- 
gara, except such persons as he might permit to go through his 
house or premises to the bank of the river. Mr. Forsyth kept the 
principal Jim at that time at the Falls, and owned the adjoining 
lands for a long distance along the river, including those points to 
which all strangers resort to view the Cataract. 

The public were annoyed at this act of Mr. Forsyth's, and applied 
by petition to the Lieutenant Governor for redress. This petition 
I have seen, it was signed by the most respectable inhabitants of 
the country, and 1 think the Lieutenant Governor was repeatedly 
applied to, and the necessity urged upon him of having this unau- 
thorised obstruction removed. I have now in my possession the 
statements made on oath and preferred to the Lieutenant Governor 
by the keeper of an hotel in the vicinity, complaining of the op- 
pressive consequences to him of the vexatious usurpation by Mr. 
' Forsyth. 

The reservation of a chain along the river, had, it seems, been 
commonly regarded as made for military purposes rather than for 
civil, and looking upon it in tfiat light, as 1 suppose Sir Peregrins 



- Hon. J. B. Robikso*. 7 

Maitland, who then resided in the District of Niagara, and within a 
few miles of the reserve in question, and who was then Major Gen- 
eral commanding, referred to the Engineer officer in charge in that 
district, and instructed him to see that the space was kr»pt open, ai 
it had heen, and as it ought to be. This officer, Captain PhillpottB, 
after Mr. Forsyth had been requested in vain to remove his fence, 
thought himself bound by his instructions to see that it was remov- 
ed, and taking a small party of soldiers in their fatigue dress, ha 
did, in the presence of Mr. Forsyth, cut or pull down the fence, and 
throw open the land again to the public; and lie also pulled down 
and removed a small blacksmith's shop, made of board?, which had 
been placed on the reserve. No force was necessary for overcom- 
ing any personal resistance, for none was made. To prevent the 
possibility of encroaching upon Mr. Forsyth's property, Captain 
Phillpotts procured the attendance of a Mr. Jones, the very sarno 
sworn Surveyor who had made the original official survey of the 
ground nearly forty years before, and it was of the land marked oiji 
by him as the public reservation that possession was taken. It ap- 
pears also, that to prevent a mis-statement of his proceedings, Cap- 
tain Phillpotts had requested the Sheriff of the District, who livei 
near the premises, to be present and observe what was done. The 
Sheriff did attend, but took no part. The soldiers, in obedience to 
their orders, pulled down the fence; and Mr. Forsyth, who wo* 
present, remonstrated and declared that he would prosecute for tins 
trespass, as he called it, upon his property. The pickets and other 
materials not having been removed from the ground, Mr. Forsyth 
eoon afterwards set up the fence again, and excluded the public as 
before ; and Captain Philpotts again took it down, and with no ad- 
ditional circumstance of force, and no more direct resistance on the 
part of Mr. Forsyth. 

For these two acts, Mr. Forsyth brought civil action?, one against 
the Sheriff and Captain Phillpotts jointly, for the first removal of 
the fence and building, and the other against Captain Phillpotta 
alone for the second removal of the fence. Captain Phillpotts re- 
ported to Sir Peregrine Maitland, that he had been thus prosecuted 
for acts done in obedienceto the orders he had received, and I, be- 
ing the Attorney General at the time, was instructed to defend thosg 
suits, and to take the necessary measures for vindicating the right 
of the Crown. 

My first knowledge of the circumstances I have detailed above, 
Was acquired after 1 had been so instructed, and 1 relate the facts 
from my recollection of the evidence given afterwards upon the trial. 
I pleaded specially to the actions, in such a manner as to bring 
in issue the right of the Crown to the space of land in question, Mr. 
Forsyth took issue on that right, not relying upon or asserting in his 
pleadings that any unwarrantable or excessive violence had been 
used, or any wrong committed in case the land was the property of 
the Crown, but simply denying that fact, and asserting the property 
to be his. To set that point at rest in the most formal manner, I 
filed an information of intrusion against him on the part of the 
Crown, for his act in taking possession after the removal of his 
fence, and to this information he pleaded not guilty. Thus in three 
several actions or cases, the opportunity was afforded of trying the 
question by juries pf the country. It was fully investigated, an^ 



lias. J. B. Robinson. 



ypcn the clearest testimony u.eided against Mr. Forsyth's preten- 
sions. He failed in his action against Captain Phillpotta and the 
Sheriff, and a Verdict was rendered against him on the iuformatioa 
ef intrusion. Upon this verdict, judgment was entered, and a writ 
Qfajhoveas ?Tianus sued out and executed. Upon the trials he main, 
lained his pretensions to the grounds inclosed, by givinga particular 
construction to the words "top of the bank," and endeavouring ta 
apply them to the top of the l,wcr Ian};, confining the river at. an 
inaccessible point, and to which lower bark no person eouid pasa 
from what is actually the "top of the k>ank," and more especially 
after he had inclosed the space in question. 

This construction, repugnant to reason, was clearly repelled by 
rariou3 proof!?, and especially by the evidence of the very survey- 
or, still living, whq laid out the ground in the year 1786, who wa* 
examined as a witness at the trial, and whose explanations were 
confirmed by a survey recently made by another most respectahl* 
surveyor. It was proved that the lines of the lots, as originally 
marked out, were never produced farther than within one chain of 
the high bank, or commencement of the Table land ; and moreover 
the actual contents of the lots themselvep, furnished internal evi- 
dence of this fact. I have also in rny possess'on the evidence on 
affidavit of a man still living, who was chain-bearer on the original 
survey, and of another respectable inhabitant of the Province, who 
was residing in Stamford at the time. This additional testimony 
I became accidentally aware of tine? the trials, and they are con. 
elusive as it seems to me, upon the point at is?ue. 

It was while his action against Captain Phillpot's and the Sbef- 
iff was penning, and a few months before it was to be tried, that 
Mr. Forsyth made these statements to the Assembly, the i 
effect of which would be to elicit a discussion calculated to inflame 
the public mind, by exc ting a jealcusy of military interference, and 
from this excitement he probably expected an advantage in hit 
contest with the government upon the question of right." His pe- 
tition was entertained and referred to a select Committee, who re- 
ceived such evidence as tUty chose, and made the report upon it, 
which appears upon their journals. It will be seen that this report 
was Brought in at the close of the Session ; no question upon its 
reception was ever m lor were the opinions ex- 

pressed on it made the subject of discussion or vote. It has there- 
fore no other sanction than the opinion of the Committee upon a,n 
exparte hearing; and if I am entitled to assume that truth must hn 
regarded in a Legislative body, I may venture to a;: ;ch a 

report could not have been approved if it had been made 
ject of open discussion. In the face of whatever attempts were 
made by the petitioner to excite prejudice, the jury came to this 
conclusion I have stated. The notes taken of the evidence by the 
Judge who presided at the trial have most pnob'abty been preserved 
by him, and a copy might be procured, if for any purpose it should 
be desired. 

I will add further, that no exception to the verdict of the jury 
was attempted to be raised by Mr. Forsyth — no new trial was mov- 
ed for. In the four years that have e:apsed since, I do not recol- 
lect that in the Legislature or elsewhere, the suhjret has excite i 



Hax. J. B ftofturioti 9 

Icy interest. Mr. f • any par! of the pro 

party in questio.i ka - < t I am convinced, tvld 

never pretend that they have a right to enclose the public res»r?at!<jn 
to which, he asserted a claim. 

With reap set to the reasonableness of the complaint as to military 
interference, 1 think it would be d fficult to find, in Hi.-? Majesty** 
service, an officer less open to the imputation of arbitrary conduct* 
and a disregard of civil rights than Sir Peregrine Maitland. When 
he took the step complained of, he was doubtless suffieieriUy aware 
ho-.v easy it is, m a certain temper of men's mind?, io mike a trif- 
ling matter the eatfso of an unjust excitement; and hud he thought 
of nothing but his own ease, he would probably have declined giv- 
ing any direction to the Engineer O Seer to remove the nuisance 
complained of, and he might have told those who petitioned for hi* 
interference, that they most submit to Mr. Forsyth's encroach- 
ments upon the public right, and await the result 6f an information 
for intrusion. An individual whoso property had been thus tres 
passed upon would have h i r right by law to abate the nui 

sance, and it seemed no unrea ■ pecfation that the Govern- 

ment should protect Ha ri lly and promptly as individuals 

may. It was the natural : re of the public, under the vexa- 

tious act of Mr. Forsyth, ■ he government, for their sake, t« 

the measure which occasioned for a time, no little trouble. 

Whether it -would have been more judicious in Sir Peregrine 
Maitland to have talien any other course, I need not presume to 
oiler an opinion ; having known nothing of the act complained of 
until after it had taken place, no responsibility rented with me as 
Crown Oilacer ; and so far asrespeCls any legal question, I need 
assume no responsibility now; but without pretending- to decide 
the matter in its strictly legal point of view I must say I have not 
much doubt that if, in any tart of England or in the United States 
of Amer'ca, an intruder were to insist on incumbering a barrack, 
tquare with his wagon, or were to plant posts and rails in a parade 
ground, the nuisance would be removed under the direction of aii 
officer on the spot. 

The House of Commons has also called for information respect- 
ing "the proceedings of the Assembly of this Province, in the ctsa 
of Colonels Givens and Coffin, heads of departments, who were 
pent to gaol for refusing to give testimony in the matter of Captain 
Phillpott'p, they sevenlJy vM?grtt to the House, that the Major 
(General then commanding would ncd permit them to attend; to- 
gether with the proceedings, if am', which have been had therco-i 
by His Majesty's Government, or by the- local authorities." 

I was Attorney General at that time, and have a general recollec- 
tion of the matter here refered to. In that session of the Legisla- 
ture (1828,) as will be seen by inspection of the Journals, there 
vter-i a number of Select Committees conducting inquiries into va- 
rious public matters. It had been the constant usages of the As- 
sembly, in pa.it year?, \;lic^ any of l\\e r Co . . ttees desired that 
an oScer of the Government should attend them as a witness, to 
sand an address to the Lieutenant Governor, communicating their 
wish and specifying the subject 01 which the evidence of the wit- 
ness was required. The order V.ien proceeded as a matter of course , 



JO 



Hox. J. B. Robinson. 



from the Lieutenant Governor to the officer, to attend the Commit* 
tee. Whether this was the proper course, having a due respect to 
the' privileges of the different brandies of the Government, of whe- 
ther it was a wholly unnecessary courtesy, I do not pretend to deter- 
mine, but it had been usually, if riot invariably followed. One of 
the Select Committees in this session required the evidence of 
Cclonei Coffin, the Adjutant General of Militia, and of Colonel 
Givens, the Chief Superintendent of Indian Affaire < and instead of 
addressing themselves to the Lieutenant Governor, as had been 
usual, the Select Committee sent, it seems, a summons directly to 
those gentlemen. I do not mean to .say, speaking as I do merely 
from memory that this was the first instance of a variance from 
the former usage spoken of ; but at all events the departure from 
that usage was of very recent date, and the officers in question 
having received the rummoris, reported the fact to Sir Peregrine 
Maitland, and prayed his instruction. 'Die object Gf inquiry (un. 
Jess lam much mistaken) was not stated in the summons, and the' 
Lieutenant Governor or Commander of the Forces, in whichever 
capacity Sir Peregrine Maitland conceived he was acting, (and 
considering the nature of the duties discharged by those officers, or 
by one of them, certainly I suppose he acted in the former) being 
left quite uninformed on thai point, desired them not to attend,- 
lneaning, I take it for granted, by that course to insist upon the 
right of being made acquainted with the subject of investigation 
Upon Which the testimony of these public officers was desired. Co. 
lonels Givons and Coffin obeying the orders of the Lieuteuant Gov- 
ernor, did not attend. The Assembly resolved that their refusal 
was a contempt, and committed them. They afterwards brought 
tTi action of false imprisonment against the Speaker, but they did 
not recover, for the legality of the imprisonment, that is, the right 
of the House to commit for what they had adjudged to be aeon- 
tempt, was confined by the Court of King's Bench by a solemn 
judgment rendered in another cause then pending which involved 
the same question. 

If, in making this statement from memory, I have faHen into 
my error, a reference to the Journals will perhaps correct it; and 
as Sir Peregrine Maitland is now in England, if I have misappre- 
hended or have stated imperfectly the grounds on which he acted, 
he can of course more correctly explain thetn: 

I observe it is stated in the resolutions of the House of Com- 
mons, that the officers referred to were required to give evidence 
ra the matter of Captain Pkl!Jr>otts. 

I am uot under the impression that an? connexion between 
the two matters was expressed in the notice given to the officers 
to attend, or wa3 understood at the time of the occurrence, though, 
of course, the Select Committee and the Assembly were aware 
of it, and the Government must soon after have known it, if they 
did not at first. But however this may be, I am satisfied that no 
desire to keep from the Select Committee any information that 
Colonel GiveDS or Colonel Coffin could give respecting Captain 
Phill potts or Mr. Forsyth, could have had the slightest influence 
with the Lieutenant Govornor. I cannot see bow there could 
have been any room for such a motive ; I do not recollect that t 



liox. J. B. Robinson.'- 11 

eVer exehanged a word with either of those gentlemen on the 
shbjeot of Mr. Forsyth's complaints ; but from the very nature of 
the thing, from their duties and characters and occupations, I am 
persuaded in my own mind that, whatever Mr. Forsyth may have 
imagined, they could have had nothing more to tell respecting 
that transaction that could affect either the Lieutenant Governor, 
or Captain Phillpotts, than any two officers that might have been 
taken at random from any regiment at that time in His Majesty's 
service. The House of Assembly did not in any subsequent 
session require their evidence on any complaint cf Mr. Forsyth'?. 
and if they did in fact know any thing that Mr.. Forsyth himself 
considered important it was singular thVt they were not heard of 
upon the trial which afterwards took place, when their evidence 
must have been most material if it could have affected either his 
rights or the amount of damages which he claimed, and when 
their attendance could have been procured as a matter of course, 
upon an ordinary subpoena. 

In one of the Petitions cf Mr. Forsyth there are reflection's' 
cast upon the administration of justice in this Province, and par- 
ticularly upon the conduct of the Crown Officers, upon whom 
the duty is imposed of conducting criminal prosecutions in the . 
Courts of Oyer and Terminer, and in the evidence given by him 
before the Select Committee, Mr. Forsyth has made certain state- 
ments affecting myself individually. 

For more than sixteen years before. that time, 1 had discharged, 
with one or two short intervals, the duty of Atterney General, and 
there could scarcely be .much foundation for the remarks made upon 
the administration of justice, without my being implicated consid- 
erably in the misconduct, spoken of. 

Whatever countenance may be considered to have been given to 
these complaints of Mr. Forsyth by the report of the Select Commit- 
tee of the Assembly, and through whatever channel and for whatever 
purpose these matters are now brought under the notice of the House 
of Commons, I hold myself bound to prove and ready to prove, upon 
any investigation conducted upon those common principles of jus- 
tice which regulate the most inferior tribunals in this country, thaly 
as applied to myself, the charges and insinuations are utterly ground- 
less, and I undertake, at this distance of time to repel satisfactorily 
the attempt to justify them by any one act of mine, during the whole 
course of my public service as Crown Officer. 

In respect to the assertions of Mr. Forsyth* which expressly ap- 
ply to myself personal]} 7 , the evidence of the Honorable William 
Bieksonand of the Honorable Thomas Oar':, printed in the Ap- 
pendix to the Journals of the same sebsion, will shew to what credit 
they are entitled. 

I will only add, what indeed I have already stated, that the Re- 
port of the Select Committee was never adopted or discussed, or in 
•any manner acted upon in the Legislature of this Province. Against 
the act of a Select Committee in receiving evidence, and reporting 
it, by which means it becomes printed in the Journals, there is no 
remedy ; but although the Assembly, neither in that time nor in the 
four years that have since elapsed, brought Mr. Forsyth's statemets, 
to the test of a public discussion, or of a satisfactory investigation 

F:3 



12 



Captaix Piiillpott*. 



if tlie House of Commons has leisure and inclination to examine in- 
to my official conduct or private transactions, I shall be happy in- 
deed to undergo the scrutiry ; and in the mean time, I content my- 
self with affirming, that His Majesty has no officer in his service, 
civil or military, in any part of his dorn+n'cns who has kept himself 
more entirely free from any pecuniary or private transaction that 
couid interfere with his public duty, or bring in question his char- 
acter as a man than I have done to the present hour, and I shall be 
surprised if an individual can be found in the Province of ordinary 
good character, whatever may be his political bias, who will assert 
the contrary. 

J have &e. 
(Signed) JNO. B. ROBINSON. 



Captain' pHitLPOTT's statement respecting ilia removal of the fences, 
£[>c. put up on the Military Reserve, near the Falls of Niagara, by 
Mr. William Forsyth. 

Mr. Forsyth, who purchased the farm immediately adjoining the 
Falls of Niagara some years since, on which he erected a large ho- 
tel, &c. having, without any permission or authority whatever, taken 
upon himself to enclose the strip of land originally reserved by tho 
Government for the purpose of securing a convenient access to the 
river at all times, and having wilfully destroyed a wooden causeway 
made on this Reserve by a neighbouring inkeeper, Mr. J. Browne, 
for the accommodation of persons visiting the Falls, so that the only 
convenient approach to this great natural curiosity was through his 
(Forsyth's) own house f and all the most respectable inhabitants in 
the neighbourhood signed a p i tition to the Lieutenant Governor, 
Major General Sir Peregrine Maitland, requesting that the said "Re- 
serve might be thrown open to the public. 

In consequence of this application His Excellency directed Capt. 
Phil! potts, at that time commanding the Royal Engineers in that 
District, and therefore in charge of these Reserves, to make a sur- 
vey of the Government ground near the Falls, and remove any fence* 
&c. which had been placed thereon. 

In compliance with these directions, Captain Phillpotts went to 
the spot, with a Sergeant and four soldiers, in fatigue jackets with- 
out arms, having previously visited the Falls for the purpose of call- 
ing on Mr. Forsyth, and informing him that he had placed his fen. 
cee, &c. on the Government Reserve ; and having communicated 
to him the orders he had received on the subject, he informed him 
that he should be obliged to carry them into execution, unless Mr. 
Forsyth would remove the fences himself, which he not only refused 
to do, but threatened to prosecute Captain Phillpotts if he touched 
them. In order to prevent the possibility of mistake, Captain Phill- 
potts had obtained Sir Peregrine Maitland's authority for availing 
himself of the assistance of Mr. Jones, (a sworn surveyor, who ori- 
ginally laid out that paTtof the Province, when the country was first 
tettled,) who, on this occasion, made r survey of this Reserve, end 
pointed out its limits by -pickets, for the guidance of persons em- 



Sat P. Ma n land. 15 

ployed to remore Mr. Forsyth's fences. This tank pkce on ancut th<* 
^th of May, 1827, and about four days afterwards, Cuptain Phill- 

{^otts, having occasion to visit the Falls, saw that these pickets had, 
>een taken away, and Forsyth's fence re-placed on the R.eseive, 
which Captain Phillpotts caused to be again removed, and the Ra- 
serve to be marked out with pickets as before. 

Major Leonard, the Sheriff of the District, who resides near trio 
Falls, having accompanied Captain Phillpotts to the ground, at his 
request, Mr. Forsyth brought a civil action against both of them for 
the alleged trespass, which was tried at Niagara, and a verdict was 
given for the defendants. 

In consequence of his having again placed his fence on the Go- 
vernment Reserve, the Attorney General was directed by the Lieu- 
tenant Governor to institute legal proceedings against Mr. Forsyth ; 
a writ of intrusion was filed against him accordingly^ and on a sub- 
sequent trial, a verdict was given for the Crown ; and thus, oa two 
different occasions it has been proved by juries composed of respec- 
table yeomen of the country, that Mr. Forsyth had no cause of com- 
plaint whatever against Captain Phillpotts, or the military persons 
•employed under him on this occasion. 

GEORGE PHILLPOTTS, 
Captain ^oyal Engineers, York, U. 0, 
January, 9th 1833. 

No. 2. 

Copy of a Despatch from Lieutenant General Sir P, 
Maitland to the Right Honorable Wm. Hushisson, 

Upper Canada, ) 

York, 29th March, 1828. J 

Sir, — During the Session of the Legislature of this Colony, 
*?hich has just terminated, a proceeding has taken place upon 
which I am compelled to solicit, very earnestly, the opinion of 
His Majesty's Government, that I may not be at a loss hereafter 
how to act under similar circumstances. 

On the 16th instant, Colonel Givens, Superintendent of In- 
dian Affairs, acting as head of the department in this Province, ia 
the absence of the Deputy Superintendent General, who resides 
at Quebec, and Colonel Coffin, Adjutant General of the Militia, 
communicated to me officially, that they had been summoned to 
attend a Select Committee of the House of Assembly, and they 
submitted to me the letters which they had respectively received 
from the chairman of the Committee, requiring their attendance, 
copies of which accompany the Despatch. 

It has been usual hitherto for the iVssembly when they 
required information from ?ny public department under the 
Government, or the attendance of any Civil Officer, to address 
the Lieutenant Governor on the subject, and I do not know that 
in any instance their request has not been complied with. In some 
cases, however, the request has been, in the first instance mads 
to the officer whose attendance was desired, and who has obtaic- 
sd Lh.9 leave of the Lieutenant Governor, before hs attends thja 



14 SiR P. MAlTLANi). 

.Committee. The mode first mentioned has, however, 
prevailed, particularly during the last session, in the course of 
■which 1 received three or four addresses for the attendance of dif- 
ferent officers on Committees of the House. 

Colonel Coffin, as Adjutant General of the "Militia, is. in time 
of peace, the head of a department in the Civil -Government, Co- 
lonel Giveus is now, and has been for some time, acting as head 
of a department under the control of the Commander of the 
Forces. The former conceived he was following the proper and 
ordinary course in applying to me, as Lieutenant Governor, for 
permission to attend the Committee of the Assembly ; the latter 
was led by a sense of duty to apply for the same purpose to me as 
Major General Commanding the Forces fn the Province ; and 
fhey severally sent to the Chairman of the Committee a cemmu- 
nicat'on of which I enclose a copy, informing him that they hatl 
applied for leave to attend. 

For reasons which I shall presently explain, I thought it right 
to give to the application of these officers the answers which I en- 
close ; they consequently did not attend, but acquainted the Chair- 
man of the Committee that they were not permitted to do so*. 
On the 23rd instant the Chairman of the Committee reported to 
the House of Assembly that Colonel Givins .and Colonel Co/fin 
had nut attended, and the House avoiding any communication 
with me, directed Warrants against them to be issued by the 
Speaker, that they might be brought up in custody of the Serjeant: 
at Arms. Of the intention to issue the Warrants the two offi- 
cers were apprised, and as I did not think it proper that the gov- 
ernment should interpose in that stage of the proceeding, they 
were directed entirely by the advice of the professional gentlemen 
whom they chose to consult. Acting under this advice, they de 
clined voluntary submission to the Warrant, declaring that force 
must be resorted to, and intimating that if such foice were use*,;, 
they would prosecute the Speaker. 

They were taken on the same day, the 22nd instant, hViving 
submitted without resistance, after the house, in which they vse>e 
.had been forcibly entered ; and being brought to the bar of the 
Assembly, and charged with a contempt in not obeying the sum- 
mons of the Chairman of the Select Committee, they stated in 
their vindication that the)- had applied for permission to attend, 
and hod not received it, and Colonel Coffin read the letter v\hich 
I had directed to be written to him in answer to his application. 
The resolution which is transmitted, was then moved and adopted 
in the House, 21 voting for it and 11 against it, after two amend- 
ments had been negatived. 

The Speaker thereupon made. his "Warrants of which copies are 
transmitted, and Colonel Givens and Colonel Coffin were receiv- 
ed in custody by the Sheriff the same evening, arid remainod in 
prison until the 25th instant, wheu the Legislature was prorogued 
in the ordinary course, and according to an intimation which 1 
had given to the two Houses, through their Speakers, many days 
before. 

Tbe 2Cd "March bein<r Sunday, Colonels G'vins and Colonel Cof- 
fin reported to me on Monday what had taken place in consequence 



t$in P. Maitlaxp. 15 

of their declising to attend the Select Commiifeo. and T pent 
a message to the Assembly on the same day, of which I trans- 
mit a copy. No proceeding was had upon tins Message, and 
you will perceive that in the speech with which I closed the 
session, and which I also send to you, I avoided mixing up 
this disagreeable occurrence with the general business of the 
Legislature. I chose rather to make it the subject of a se- 
parate Message, and to forbear in that Message to advance 
topics or employ language that might produce irritation, and 
unnecessarily implicate the feelings in a question which I look upon 
as exceedingly important. 

Since the Session, Colonel Coffin has addressed to my Secretary 
p letter, of which I enclose a copy, I have referred to the Executive 
Council on the subject, and transmit their report in which I entirely 
concur. 

I have thus laid before you the whole case, and T shall be most 
• anxious to receive your opinion upon it : and in order that that 
opinion may, as much as possible, serve me for a direction in a very 
delicate, but important point of duty, I am desirous that it should be 
formed upon as general a view as can possibly be taken of the 
question. 

I will refer to the Governors of other Colonies to learn what 
usage has obtained in them ; but my belief is that in other Colon- 
ies as well as in this, it has been the practice for the Assembly to 
apply to the Governor by address, when information is wanted 
from any public department, or when the attendance of a public 
officer is desired. 

When a Select Committee of the House of Assembly here de- 
sires the attendance of a member of the Legislative Council, or 
any officer or servant of that. House the course uniformly pursued is 
to request it by Message, and not by directly summoning the indi- 
vidual. Tf courtesy leads to this practice, I see no reason why the 
courtesy should not he extended to the third branch of the 
Legislature; and if it has prevailed rather from a sense of its ne- 
cessity in order that the business of the Legislative Council may 
. not be unreasonably interrupted by a compulsory abstraction of 
their members and officers, it seems to me that the same reason 
would apply with equal force, to the Executive Government, which 
is consiantly in operation, and whose functions may be very incon- 
veniently suspended, if without any reference to the head of a o-o_ 
vernment, the principal of a department, or even subordinate officers 
can be withdrawn and detained at the pleasure of a Committee of 
- the Assembly. 

There are, however, other considerations Vvhich apply peculiarly 
to the Execr/.ive Government, and which, although they will not 
fiil to occur readily to your mind, I feel it my duty to lay especially 
before you. 

Few Sessions elapse in which the Assembly does not call upon 
• the Government for information, which is sometimes granted and 
sometimes refused, according to the nature of the request. For 
instance, they have not. onfrequently called for an account of the 
receipt and appropriation of the Casual and Territorial revenue of 
the Crown. My instructions are, not to comply with such a re- 



16 Bin P. Maitlakd. 

quest until I have ascertained the purpose for which the infor- 
mation is desired, and have referred to the Secretary of State 
upon the subject; tut if the Assembly can, without commu- 
nicating with the Lieutenant Governor summon the Receiver Gen- 
eral or the Inspector General of Accounts, or any of their Clerkp, 
to attend a Select Committee and compel their attendance at the 
peril of imprisonment, the Government here or in England has no 
longer any discretion to exercise. Then with respect to the Mili- 
tary Service, it does not seem to me possible that a Select Commit- 
tee of the Assembly can, for the purpose of enquiring-, perhaps, 
into some alleged irregularity in a garrison, or want of discipline 
in a regiment, which they have nothing to do with, or for any other 
purpose compel the attendance of any Military Officer upon pain 
of imprisonment, and that his superior officer should have no dis- 
cretion in granting or withholding permission, whatever may be th« 
exigency of the service. 

I should be most happy to learn what in such cases, is the usage 
of England, though it may by no means follow that the usage of 
Parliament there, is in all things, to be adopted here, or that it can 
be legally introduced and enforced. 

The 31st Geo. III. will shew for what purposes the Legislature 
of this Province was constituted, and what powers are given to it. 
It has never been conceived that one of these powers was to prefer 
impeachments, because the Legislative Council has no power to 
entertain them or dispose of them. If therefore the professed ob- 
ject of any enquiry by a Select Committee is to ascertain the truth 
of a complaint against individuals, it is to be borne in mind how 
obviously and securely such an inquisition may be perverted to 
serve the purposes of faction, and may be made the instrument of 
the greatest oppression and abuse. 

A select committee composed of members named at the request 
of a petitioner, receives an ex parte statement of a case; summons 
only such witnesses as it pleases, records their testimony, giv- 
en without the sanction of an cfath, and not under the restraint of 
any responsibility whatever. Upon this evidence a report is 
drawn in terms which gratify the malice of an individual, or an- 
swer the temporary purpose of an unprincipled faction, by aspers- 
ing the fairest characters among their opponents. The individual 
injured has no redress ; he cannot prosecute the conspirators in a 
court of Law. The committee who manage the inquiry are not 
sworn as courts are to decide justly ; and when they have made their 
report no ulterior proceeding is within the power of the party 
injured for vindicating his character; no impeachment can fjl- 
low, and he cannot therefore obtain relief from the unjust accusa- 
tion. The use of this engine for party purposes, has commenced 
in the present Assembly, but the length to which it has been car- 
ried in the last session, during the unfortunate absence of eight or 
nine members of the Assembly, has been quite an innovation, and 
one which 1 feel it my duty 1o bring, without loss of time, under 
the notice of His Majesty's Government. 

Perhaps a stronger case could not well be imagined than that which 
has formed the ground work of the particular proceeding which I 
kave described. A Mr. Forsyth, a person notoriously of indiffcrefli 



Sir P. Ma^itla^d. 17 



tharacter, had taken upon himself to enclose part of a public re- 
serve of a chain in width along the bank of the River Niagara. 
My attention was particularly called to the circumstance by a peti- 
tion from some of the inhabitants of the country, who complained 
of being thus shut out from the River by the illegal act of an indi- 
vidual. I directed the Commanding Engineer to survey the re- 
serve along the river, and throw it open to the public. No one but 
Mr, Forsyth raised any objection. He was remonstrated with in 
vain ; he was asked to remove his fences, but refused. He wag 
told he should have men to assist him, but would not consent ; and 
at length, without any personal violence being offered or threaten- 
ed, the Engineer, with a fatigue party, threw down the fences. 
The Sheriff of the District was present. Mr. Forsyth brought 
actions of trespass against the Engineer Officer and the Sheriff, 
whom I have directed the Crown Officers to defend. He replaced 
his fences, and the Attorney General in consequence filed an in- 
formation of intrusion against him, which he defendpd ; and upon 
a full trial by a jury, a verdict was rendered for the Crown, there- 
by establishing the right which had been disputed. The civil ac- 
tions, from an error in the Plaintiff's proceedings, are yet undeci- 
ded, and while they are depending in the Courts of Law, Mr. For- 
syth petitions the Assembly, complaining of what he terms a grie- 
vous outrage, in language calculated to influence public feeling, 
by describing the act as a lawless, high-handed exercise of military 
power. This petition is referred to a select committee. His coun- 
sel, in his proceedings at law for the same alleged ixijury, happen- 
ing to be a member of the Assembly, is named upon the Commit- 
tee, and upon the ex parte statement of his client and other wit- 
nesses, not on oath, frames a report in direct opposition to the ver- 
dict of one jury who have tried the point, and intended, as it must 
be supposed, to influence those verdicts which are yet to be ren- 
dered. This report when made becomes a public document, and 
finds its way into the public papers, and thus, upon a question of 
boundary and legal right which has yet to be tried, the parties 
have to encounter whatever weight a prejudice so excited can 
throw into the scale. 

I am well aware that in England no such case could occur, be- 
cause a sense of justice would prevent it; but when civil or mili- 
tary officers under my government are summoned in the mere hop^ 
that they may know something that may turn to account at the 
trial, and in order, it may be, to find out evidence to be made use, 
of in a court of law, I feel it quite necessary that I should know 
xvhether, with or without permission from the Government, their 
attendance can be compelled. 

You will confer upon me a great favor by putting me, as soon as 
may be convenient, in possession of your sentiments upon the mat- 
ters stated in this Despatch, and I feel that the questions they in- 
volve are of the greatest moment to the administration of justice, 
and to the honor and stability of the Government. 

I will not further swell this Despatch by the transmission of any 
•fficial report from the Law Officers of the Colony on the subject 
to which it has reference, but will content myself with adding that 



13 



Letters.' 



Inch entirely agrees* 



J- have not failed to ascertain their opinion, 
with the sentiments expressed in this letter. 
I have, &c, 
(Signed) P. MAITLAND. 



Letter from B. C. Beardsley, Esquire, to Colonel Givens, Indian 
Department. 

Committee Room, Commons House of 
Assembly, lUh March, 1828. 

Whereas the House of Assembly have appointed a Committee 
to inquire into aud report upon the petition of William Forsyth of . 
Stamford, for inquiry into crime and outrage, with power to send 
for persons and papers, you are hereby required to attend the said 
Committee in the Committee Room of the House of Assembly at 
noon to-morrow. 

(Signed) B. C. BEARDSLEY, Chairman. 



Letter from Colonel Givens to B. C. Beardsley, Esq, Chairman 

Yonx, 15th March, 1825. 
SIR, 

I received your notice this morning to attend a Com- 
mittee of the Honorable House of Assembly this day at noon, and 
in consequence thereof have made application to His Excellency 
the Major General Commanding for his permission for that pur- 
pose, but have uot as yet received an answer thereto. 
I have &.c. 
(Signed)- J. GIVENS, 

Supt. Indian Affairs. 



LeiUr from G. Hil 



SIR, 



Esq. to Colonel Givens Indian Department. 

Government House, | 

York, l&h March 1828. ( 



Having laid before the Lieutenant Governor and Major 
General Commanding, the summons which you had received to, 
attend a Committee of the House of Assembly appointed to in- 
quire into and' report upon the petition of William Forsyth, I have 
received his commands to acquaint you that he cannot give the 
permission desired by you, not knowing what are the matters of 
Which Mr. Forsyth complains, or what are the facts in regard to 
which it is desired to interrogate you. 
I have &c. 
(Signed; G f-JIL? T ER. 



Letters. 19 

B. C. Beardsky, Esq- to Nathaniel Coffin, Esq. Adjutant Central 
of Militia. 

Committee Room Commons House op | 
Assembly, 14ih March 1828. ] 

Whereas the House of Assembly has appointed a Committee 
to enquire into snd report noon the petition of Wiiliam Forsyth, 
ol Stamford, for inquiry into crime and outrage with power to 
Bend for peisons and papers, you aie hereby required to attend th« 
said Committee in the Committee Room of the House of Assem- 
bly at noon to-morrow. 

(Signed) B. C. BEARDSLEY, Chairman* 



Letter from N. Coffin Esquire to B. C Beardsley Esquire 
House of Assembly. 

Adjutant General's Office, * 

York, 15*7* March, 1828. f 
SIR, 

I received your notice this morning to attend a Com- 
mittee of the Honorable House of Assembly this day at noon, and 
in consequence thereof have made application to His Excellency 
the Lieutenant Governor for his permission for that purpose, hut 
have not as yet received an answer thereto. 

I have &e. 
(Signed) N. COFFIN, 

Adjt. Gen. of Militia Upper Canada, 



Litter from N. Coffin Esq. to Major Hillier, Private Secretary, £c' 

York, Marcli 22d, 1828, 
SIR, 

I beg leave to request that you will state to the Lieute- 
nant Governor that in obedience to the communication I received 
through you, that His Excellency could not give me permission 
to attend a Committee of the House of Assembly for the reason* 
therein stated, that I did not attend the said Committee, and that 
in consequence thereof, I have been committed this evening to 
the common jaol of the Home District, by order of the House of 
Assembly : I have therefore to pray that His Excellency will be 
pleased to direct that I may have the advice and assistance of the 
Crown Officers, to enable me to take such steps as I may be in- 
•tructed ou the occasion. 

I have &c. 
(Signed) N. COFFIN, 

Adjt. Gen. of Militia, 
G3 



20 Sir G. Murray. 

IN COUNCIL. 

3d April, 1828. 
The Council having reviewed their report of the 26th 
March last, upon the subject of the within letter, respectfully beg 
leave to withdraw the same, and upon mature consideration, the 
Board cannot advise that the government should interpose to give 
any directions to the Crown Officers as within solicited. 



No. 3. 

C»py of a Despatch from, Secretary Sir G. Mvrry, to Major 
Gemral m Sir John Colborne, S,-c. fyc. S,r. 

v Downing. Street, l 

20th October 1828. j 
SIR, 

I have the honor to acknowledge the receipt of Sir 
Peregrine Maitland's Despatch of the 29th of March last, detailing 
the proceedings of the House of Assembly of Upper Canada, 
against Colonel Coffin and Colonel Givins for contempt of the 
privileges of that House, in refusing to obey the summons of the 
Chairman of the Select Committee, and requesting instructions 
for his guidance under similar circumtances. 

From the statement of the Lieutenant Governor, I am led to 
infer that there were adequate grounds for inquiry by the House 
of Assembly into the grievances complained of in' Mr. Forsyth's 
petition, of having been dispossessed of lands in his occupation 
by a military foree, acting under the express command of the 
Lieutenant Governor; and the chief reason adduced by the Lieu- 
tenant Governor for not allowing Colonels Givens and Coffin to 
attend the Committee is stated to have been that he did not know 
the nature of Mr. Forsyth's complaint, nor the facts in regard 
to which the evidence of the officer was required. 

As no direct notification had been made to the Lieutenant Gov- 
ernor, in a certain technical sense, he did not know the nature of 
the complaint, yet as he must have inferred that the Committee 
proposed to examine these officers respecting the employment of 
a military force for ejecting Forsyth from the land, I cannot but 
consider that Sir Peregrine Maitland would have exercised a 
sounder discretion had he permitted the officers to appear before 
the Asserrbly ; and I regret that he did not accomplish the object 
he had in view in preventing Forsyth's encroachments by means 
of the civil power, which is said to have been at hand, rather than 
by calling in military aid. 

I have. &c. 
Signed G. MURRAY. 



Mr. Stanley, fil 

No. 4. ■ 

Gopt of a Despatch from Mr. Secretary Stanley 
to Lieutenant General Sir P. Maitland, fyc. 
6cc. &c. 

Downing Street, > 

20th June, 1833. ) 
Sir, — Certain papers having been moved for in Parliament, in 
which some part of your conduct as Lieutenant Governor of 
Upper Canada is animadverted upon. I have considered it due to 
you to refer these papers for your consideration, in order that you 
may have an opportunity of affordiug any explanation upon them 
which you may think necessary. 

1 am, &c. 
Signed E. G. STANLEY. 



No. 5. 

Copy of a Despatch from Lieutenant General 
Sir L*. Maitland to 31r. Secretary Stanley. 

London, June 24th, 183-5. 
Sir, 

I have the honor to acknowledge, with thankfulness, the 
sense of justice which has led you to submit to me a Despatch 
from Sir George Murray, when Secretary ef State, to Sir John 
Colborne, of 20th of October, 1828, previously to laying it be 
fore the House of Commons. 

However strange the statement may appear, I was altogether 
unaware that such a document existed. By it, I am now for the 
first time, made acquainted with Sir George Murray's animad- 
versions on certain acts of my government. 

As my despatch of the 29th of March, 1828, on which the 
opinions of the then Secretary of State are grounded, was written 
expressly with the view of obtaining instructions on a very delicate 
and important question, and not for the purpose of giving a full 
detail of transactions, nor of justifying my measures, the propriety 
of which had not been called in question, circumstances were na- 
turally omitted by me that would have been necessary for the 
latter objects, but not for that which I had principally in view. 

I shall therefore avail myself of the opportunity you have offer- 
ed m<*, tc supply, as well as my memory will enable me at this 
this distant period of time, a few circumstanced that seem to have 
been omitted, and that may tend to place those matters which 
have been commented on in a truer light. 

Mr. Forsyth, an Inkeeper, having taken upon himself to enclose 
with a high fence a Government Reserve, consisting of a chain in 
width aloiig the bank of the Rrver Niagara, and whick afforded 



2.2 Sir P. MaitLand. 

be public free access to the principal fa 1 ! of the river. I was re- 
teatedly solicited, by petition and otherwise, to cause the obstruc- 
pion to be removed. In consequence of these solicitations I di- 
rtected the officer of engineers who had charge of the reserved 
lands, to survey the government property near the Falls, and re- 
move any obstruction that had been placed on it. These objects 
were carried by him into effect, with the assistance of three or_ 
four of his men, without arms, in their working dress, and with 
the temper a\nd caution he was enjoined to ol>ser 

In the suits instituted by Mr. Forsyth against tire Officer of 
Engineers it was incumbent on the Plaintiff to establish one or 
two points to entitle him to a verdict, namely, that the defendant 
had done that which, by law, he was not authorised to do, or 
that in doing that which by law he was authorised to do, he had 
done unnecessrry injury to the plaintiff's property or possession. 
Both these points were distinctly submitted to the jury, and both 
were determined against the plaintiff. ;Mr. Forsyth, therefore, 
no doubt regretted, as well as Sir George Murray, the manner in 
which this intrusion on the public property had been remov- 
ed, of course, for reasons that did not lie in the same direction. 

Can it be seriously believed, that had any other course been 
taken, Mr. Forsyth or his Counsel, would have found in it less 
cause for complaint, or have been less industrious in endeavour- 
ing to excite clamour about it ? It is certain, however, that their 
efforts could not have been less successful. 

After a verdict had been obtained for the Crown, and while the 
civil suit was pending against the Officer of Engineers, every at- 
tempt was made to prejudice the public mind. Mr. Forsyth pe- 
titioned the Assembly, complaining of what he termed a grievous 
outrage, decribing the act as a lawless high handed exercise of 
military power. This petition was referred to a Select Commit- 
tee, of which his counsel in the proceedings at law was appointed 
member and elected chairman, and on the ex-parte statement of 
his client, and other witnesses, not on oath, framed a Report in 
direct opposition to the verdict that had been rendered and intend- 
ed, as it must be supposed, to influence that which was yet to be 
given. 

This Report, when made, became a public document, and found 
its way into the public papers ; and thus, upon a question of 
right, which had yet to be tried, the party had to encounter 
whatever weight a prejudice so excited could throw into the 
scale. The jury, however, gave their verdict for the defendant, 
as I have already siated. 

It is rather singular, that nearly at the same time, an intrusion 
on the public property in the town of Washington, in the neigh- 
bouring Republic, had attracted attention. The obstruction in 
that case was removed by a party of the military, escorted by a 
company of soldiers fully aimed. A circumstantial narrative of 
the occurrence was given in the papers of that country ; but in no 
instance, I believe, accompanied by any expression of disapproval. 

To procepd to Sir George Murray's observation, that 1 should 
liav« exercised a sounder discretion bad T permitted Colonc « 



Sir 1\ Maitland. 23 

Uivins and Coffin to attend the Select Committee, I concur en- 
tirely with Sir George Murray in thinking that it would have been 
advisable to do so had the Committee, as was usual, applied to 
me to direct their attendance. It was very well known that they 
could give no more information respecting the alleged outrage 
complained of by Mr. Forsyth, than any military officers selected 
at random from any part of the Province. It wa«? no wish to with- 
hold information therefore, that influenced me in this matter, and 
I did not fail to take care that the Committee should have reason 
to be assured that, in the event of the usual application being 
made to me, the officers would be desired to attend. 

It was scarcely therefore to be anticipated that the Assembly, so 
near the period which had been notified for the close of the Ses- 
sion, many members having already returned to their homes, 
would, without any previous communication made to me, be led 
to take the course which they adopted, a course so iiKely to be, 
as it actually was, attended with very general reprobation. 

Sir George Murray remarks, that the chief reason adduced by 
me for not allowing the officers to attend the Committee is stated 
to have been that I did not know the nature of Forsyth's com- 
plaint, nor the facts in regard to which the evidence of those offi- 
cers was required. 

I stated this as a reason (not the chief reason) for it was calcu- 
lated, if submitted to the Committee, to remind them that it bad 
been usual, in similar cases, to apply to the Lieutenant Governor, 
and in doing so, to furnish him with information on certain points. 

Before I acquiesced in the course which had been taken by the 
Committee, it doubtless became incumbent en me to consider 
well what might be the effect of my acquiescence at any future 
period. In doing so, it appeared to me that the security of the 
Colony, in the strongest sense of the term, would be affected, and 
that objections against the measure might be adduced as important 
as undeniable ; but they were not, for obvious reasons, such as I 
could properly submit to the Assembly, or state in a despatch 
which would probably be submitted to that body. I am always 
ready to state them, if called upon by His Majesty's Government 
to do so. 

It has of late years grown into a practice to submit the official 
correspondence had with the Colonial Office to the Legislature of 
the Colonies, if called for by them, unreservedly. 

The Lieutenant Governor of a Colony must therefore necessa- 
rily exercise a greater degree of restraint than formerly, in address- 
ing the Secretary of State. And if he cannot rely upon being 
met by so much consideration as will ensure to him the opportu- 
nity of offering explanations before his measures are condemned, 
he may justly despair of being able to render justice to the office 
he is entrusted with. 



24 Mr. Hagerman. 

I regret that it should have been made necessary for me to trou- 
ble you with this long detail of transactions, which had long ceased 
to occupy my attention, and respecting which many circumstan- 
ces have possibly escaped my recollection 

I have, &c. 

P. MAITLAND. 
P. S. — The Attorney General of Upper Canada being in Lon- 
don, I requested him to give any information he could supply, 
respecting the lease granted by Messrs. Clark and Street, a matter 
sliuded to in the Report of the Select Committee, hly recollec- 
tion of the circumstances accord with the statement made by Mr. 
Boulton, and I request that his letter may be considered as an- 
nexed to this communication . . . . 

P. M. 



A Select Committee of the House of Assembly was appointed in 
Upper Canada in the Session of 1821 or 1822, to revise the Militia 
Laws of the Province, who were desirous of obtaining Information 
on some points from the Adjutant General of Militia. This cf^.cer 
was consequently requested to attend the Committee without any 
previous application for leave fo the Lieut. Governor. This, upon a 
eHgsesUon to the Chairman of the Committee (the late Colonel Ni- 
chofof the Provincial Militia) was ascertained to be irregular, and 
consequently a formal request for leave to this Officer to attend was 
tra.nsvnU.ttd to the Lieutenant Governor, and of course promptly 
eomplyed with, and this has boon the constant practice in cabes of 
this description (except that of Colonels Givins and Coffin) so far 
as iw parliamentary experience extends. 

* (Signed) C A. HAGERMAN. 

M. P- P. for Kingston, U. C. 

S&BS J me 1838. 



;+*&• f-om H- J- Boulton, Esquire to Lieutenant General Sir 
P, Maklatid, K. C. B. 



Motility's Hotel, 



aa.1 



London, 2-iiti. June, 1883 

In reply to your inquiry respecting my recollection of 
ihs c'.rsjmstances under which Messrs. Clark, and Street obtained 
a lease of part of the Military Reserve near the Fails of Niagara 
in 18*37, I beg to acquaint you that the instrument under which 
1 riese gentlemen hold those premises in question was drawn by me 
as Solicitor Genera! of Upper Canada. Previous to their obtaining 
th.ei:-:;.se, Messrs. Clark and Street, had become lessees of the King's 
Ferrv across the Niagara River, just below the Falls, and opposite 
to the property of a Mr. Forsyth, an innkeeper who had himself at 
one time been desirous of obtaining a lease of the Ferry. When they 
became lessees, this man, Forsyth, obstructed their enjoyment of 
it In every possible way, setting up, at the same place, a Ferry 
in opposition to theirs, and as was believed from a variety of cir- 
cumstances, causing several of their boats to be destroyed. For 
thess injuries, Clarke and Street brought actions at law against 



Mit. H. J. Boulton. 25 

Forsyth, in which I was their Counsel, and Mr. Rolph, Chairman 
subsequently of a committee of the Assembly, who reported upon a 
petition presented to that body by Forsyth, complaining of the Go- 
vernment for pretended injuries he hud Sustained through their in- 
terference, was Counsel for Forsyth. In these actions the Lessees 
clearly established their right, and two several juries at successive 
Courts, gave considerable damages against Forsyth for bio distur- 
bance of their right of ferry. The Crown also filed an information 
of intrusion against Forsyth for entering upon and assuming the 
property in the ground reserved for military purposes, and although 
he used all toe means in his power to cause it to be believed that 
he was an oppressed man, and that the military were set in array 
against him, when in truth only two or three soldiers accidentally 
passing from one post to another, in their fatigue dresses, were 
employed as common labourers to remove obstructions he had caus- 
ed ; the jury, after remaining out several hours, returned a unani- 
mous verdict for the Crown, thereby negativing his right to the 
ground, and fully establishing that of the Crown, to the satisfaction 
of every respectable man in the neighbourhood. Under these cir- 
cumstances, and for the purpose of preventing any persons from 
erecting any ferry-house, or keeping ferry boats on the shore, where 
Clark and Street had the right of ferry, for which they paid a large 
rr.ur, and also to keep the ground open for the free access of tl 3 
public which Forsyth had interdicted, — Clark and Street obtained 
an order for a license of occupation of that part of the reserve near 
the ferry, up and down the river. The object of granting this li- 
cense was to protect the lessees in the proper enjoyment of their 
right of ferry, and to keep the shore open and free of access to the 
public, who had been shut out by Forsyth, unless they passed 
through his inn, which tended to create a monopoly for his house, 
and was felt as a serious nuisance by the public. Mr. Clark stated 
his reasons for wishing the lease to me, and I prepared e !°$e«, un- 
der the Great Seal, to him and his partner to hold, strictly during 
pleasure, at a pepper-corn rent. This instrument gave Mm a. ? egal 
title to the possession — at the same time, from the uncertain period 
at which they could hold it, the Crown and public were fully pro- 
tected in the enjoyment of the easement it was intended the latter 
should possess, that of free ingress, egress, and regress*, to the 
Falls, as the Crown, from the terms of the lease, retained the power 
of putting an end to the tenure, should the confidence be abused 
which was placed in the lessees. They have, to my knowledge, 
acted hitherto in accordance with the expectations of the Govern- 
ment, and I am certain the grant to them has been productive of 
evil to no one, and was never intended to prejudice the rights evjan 
of Forsyth ; and if he had not shewn the obdurate disposition 
which he so frequently and violently manifested, of obstructing the 
free use of the King's Ferry, and would he have permitted the 
ground in question to remain open, as it formerly had been, and un- 
enclosed, I do not think that the grant to Clarke and Street would 
ever have been thought of, either by themselves or any one else. 
It was purely a measure of defence against this man's repeated 
agressions. 

I have, &c. 

(Signed) H. J. BOUJLTON. 



26 Address & Answer. 

To His Excellency Sir John Colborne, Knight Command* 
of the Most Honorable Military Order of the Bath, Lieu- 
tenant Governor of the Province of Upper Canada, Major 
General Commanding His Mnjesty^s Forces therein^ fyc. 
fyc. fyc. 
May it please Your Excellency : 

We, Your Excellency's dutiful and loyal subjects, 
the Commons of Upper Canada, in Provincial Parliament as- 
sembled, humbly request that Your Excellency would be plead- 
ed to transmit to England, and favorably to recommend to His 
Majesty's Government, the Report herewith presented to 
Your Excellency of a Select Committee of this House appoin- 
ted to enquire into the claim preferred in the present and for- 
mer Sessions of the Legislature, by Mr. William Forsyth, of 
Bertie, Yeoman, late proprietor of the Niagara Falls Estate, 
to compensation for injury and damage done him, under the 
authority and by the command of the Officer lately command- 
ing the Forces in this Province. We are of opinion that Mr. 
Forsyth has fully proved that he sustained damage, and that 
his case is an aggravated one, deserving the early and favora- 
ble consideration of His Majesty's Government. 

MARSHALL S.BIDWELL, Speaker. 
Commons House of Assembly, > 
2d day of April, 1835. ) 

ANSWER. 

Gentlemen, 

I will transmit this address and report to the 
Secretary of State for the Colonies. 

The opinion of the Law Officers of the Crown that the in- 
trusion on the Military Reserve near the Falls was an iniqui- 
tous proceeding; and that the intruders should be again pro- 
secuted, will prevent my complying with the request of the 
House, in respect to a favorable recommendation to His Ma- 
jesty's Government oi the case of Forsyth. 

The opinion of the Attorney General is expressed in this 
extract of his report on the case : 

Extract from the Report of the Attorney General on the case 
to which the Petition of Wm. Forsyth has reference da- 
ted 4th February, 1835. 

14 So far from entertaining any doubt as to the right of the 
" Crown to the Reserve in question, lam convinced that the 
" claim now set up by Clark & Street is an unrighteous one, 
M and unless it shall appear to the Executive Government, for 
" any reason not at present apparent, to be inexpedient, it is 
44 my intention to proceed against those gentlemen by the in- 
44 formation of intrusion, which I was, for the reason I have 
44 just stated, obliged to withdraw." 



-STJlTDaY" BILLS 
Massed t jy the house of assembly during 

THE 1st SESSION 12th PARLIAMENT, ANI> 
LOST IN THE LEGISLATIVE COUNCIL, 



An Act to amend the Charier of King's College 

"t*7"HEREAS His late Majesty, George the Fourth, was gra-* 

V* eiously pleased, by letters patent at Westminster, on the 

loth day of March, itrthe eighth year of his reign, to establish at 

or near the Town of i"crk, now City of Torouto, a College, with 
the style and privileges of an University, for the education aud in- 
s.ructiou of youth and students in arts and faculties, to be caiiedr 
** King's College ;" which charter is in the following words : — 

!; GEORGE THE FOURTH, by the Grace 
of GOD, of tht United Kingdom of Great 
Britain and Ireland, King^ Defender of ths 
Faith, S/c. *fc. fye. 

- To all wi:o:.: these presents shall coje — Greeting;;' 



ITHEREAS the establishment of a College within ovf 

! S Province of Upper Canada, in North America, for the 
education of youth hi the principles of the Christiau religion, 
and foj their instruction in the various branches of science and 
hterarure which are taught in our Universities in this Kingdom, 
would greatly conduce to die welfare of our said Province; A^'D 
iv here as humble application has been made to us by many of 
our loving subjects of oursaid Pre ince, that we would be pleased 
to grant our Royal charter for the more perfect establishment oi 
n College therein, and for incorporating the members thereof for 
the purposes aforesaid. NOW KNOW YE, That we, having 
&ken the premises into our Royal consideration, aud duly weigh- 
in^ the sreat utility and importance of such an institution, havsy 

m 



£ lyfJVG^ Colllge. 

r\f our special grace. cerf;m) knowledge, ami mere motion,, or- 
dained and granted, ami do by these presents, lor us, our heir* 
and si ccessors, ordain and grunt, that ).here shall be established 
?;T or » ear the Town of York m our said Province of Upi er Cana- 
da, from this rime, one College, with the style and privileges of 
an University as hereinafter directed, for the education and in- 
struction of yoj&th and students in arts and faculties, 10 comma* 
for ever, tn be called ; King's Colle'e.' 

M And we do herehv declare a. id grant, That onr trusf-v and well 
beloved the Right Reverend Father in Goo, Charles Jtemes, 
Bishop of the Diocese of Quebec, or the Bishop for the time be- 
ing .of the Diocese in which the said Town of York may be situ- 
ate, or any future division or alteration of the said present Din- 
eese of Quebec, shall for us and in our behalf be the Visitor of 
Hie said College : and that our trusty and we!! beloved Sir Pere- 
grine Maitland, our Lieutenant Governor of our said Psoviuee, or 
the Governor, Lieutenant Governor or other person administering 
the Government of our said Province for the time being,, shall b* 
Chancellor- of our said College^ 

" And we do hereby declare, ordain, and grant, that mere shall 
at all times be one President of our said College, who shall be a 
Clergyman in Holy Orders of the United ChurGh of England and 
Ireland; and that there shall' be such and so many Professors in 
different arts and faculties within our said College as from time 
to time shall be deemed necessary or expedient, a::.! as shall be 
appointed bv us or by the said Chancellor of our said College, o:r 
our behalf, and birring our pleasure. 

•■And we do hereby grant and ordain that the R°verend John 
S'raehan. Doctor m Divinity, Archdeacon of York, in our said 
Province of Upper Canada, be the first President of our said Col- 
lege, and the Archdeacon of York in our said Province, for the 
time being, shall, by virtue of such his office, be ai aii Limes the 
President of the College. 

" And we do hereby, for us our heirs and successors, will or- 
dain and grant that the said Chancellor and President, and the 
said Professors of our said College, and all persons who shall be 
duly matrienleated into and admitted as scholars of our said Co!- 
le.rre, and their successors for ever, shall be one distinct rod sepa- 
rate body, politic and corporate, in de^(\ and in name, by the name 
and style of *'tbe Chancellor, President, and Scholars of King's 
-College a! York, in the Province of Upper Canada." and that by 
the same name they shall have perpetual succession and a com- 
mon seal: and that they and their successors shall, from time to 
£irne, have full power to alter, renew, or change sucu common 
seal at their will and pleasure, and as shall be found eonwnieuj. ; 
and that by the same name they the said Chancel or, President, and 
Scholars, and (heir successors from tune to tune and at alt tunes 
hereafter shall be able- and capable to have, take, receive, pur- 
chase, acquire. Imid. possess, enjoy and maintain, to and foi the. 
use ef the said College, aav messuages, lands, tenements: and he- 
r^d'tame-nts of what kind, nature, or quality soever, situate and 
In Li* Hitliiii out said Province of C "■ j r Canada, so ao the sauae 



King's Coi.Lr.cr. c 

•*; :s rtot PTo«*d in yearly vnlue t'ie cum of ,€15,000 above all 
ieharges ; and moreover to take, purchase, acquire, havr-. U t -dt. 
•enjoy, receive, possess and retain, all or any goods, chattel, cfikJTr 
itahle or oilier contributions, gifts or benefactions whatsoever. 

" And we da hereby declare and grant- that the said Chancellor 
President, and scholars and their successors by the same name 
shall and may be able and capable in law to sue, and be sued, im- 
plead and be impleaded, answer and "be answered, in all or any 
roort- or courts of record within our United Kingdom of Great 
ISrit-iiu and Ireland, and our said Province of Upper Canada and 
other our dominions ; in ail and singular actions, causes, pleas, 
suits, matters and demands whatsoever of what nature or kind 
soever in as large, ample, and beneficial a maimer and form asy>j 
other body politic or corporate, or any other our liege subjects, 
being persons able and capable in law, may or can sue, implead i>r 
answer, or be sued, impleaded or nns-.vered, in any manner what- 
soever. 

14 And we do hereby declare, ordain, and gra*;t that there shajJ 
be within our said college, or corporation, a council, to be called 
and known by the name of "The College Council*,'' and we no 
will and ordain that the said Council shall consist of the Chancel- 
lor, President for the time beitis, and of seven of .the professors in 
arts and faculties of our said College, and that such, seven profes- 
sors shah" be members of the Established United Church of Shjjy- 
l.and and Ireland, snd shall previously to their admission into ihtf 
said College Council, severally sign and subscribe the thirty riijte 
articles of religion, as declared and set forth in the book of com- 
mon praver. And in case at anytime there should not be with»u 
our said College seven professors of arts and faculties, being mem- 
bers of the Established Church aforesaid, then out will and plea- 
sure is, and we do hereby grant and ordain that the said Cohere 
Council shall be tilled up to the requisite number of seven, exclu- 
sive of the Chancellor and President for the time being, by such 
persons, being graduates of our said college and being members 
of the Established Church aforesaid, as shall for that purpose be 
appointed bv the Chancellor for the time being of our s :id Coi- 
) e <re ; aud which members of Council shall in like manner sub- 
scribe the thirtv nine artfcles aforesaid, previously to their admis- 
sion into the said College Council. 

*' And whereas it is necestfrry to make provision for the com- 
pletion and tilling up of the said council at the first ins tit u ion of 
our said College, and previously to the appointment of any pro- 
fess rs or the conferring of any degrees therein. Now we do fur- 
ther ordain and declare that the Chancellor of our said College 
for the time being shall upon or immediately after the first insti- 
tution thereof, by warrant under his hand, nominate and appoint 
seven discreet and proper persons, resident within our said Pro- 
vince of Upper Canada, to constitute jointly with him the said 
Chancellor, and the President of our said College for the time 
hpinfr, the first or original council of our said College., which 
UVsl or original members of the said council shall in lik<* manner 



:> King's CoLLUCTo 

respectively subscribe the thirty-nine Articles aforesaid grejriousljr 
io their admission "into the said council. 

*' And we do further declare and grant that the members of 
ths said College Council, holding within our said College the 
offices of Chancellor, President or Professor in any art or faculty, 
shall respectively hold their seats in the said Council so Ions: a* 
they and each of them shall retain such other offices as a foresaid 
& no longer ; and that ;he members of the said Council not hold- 
ing offices in our said Council, shall from time to time vacate 
their seats in the said Council when and as soon as there shall he 
an adequate number of Professors in our said College, being 
members of the Established Church aforesaid to fill up the said 
eouncil to the requisite number .before mentioned. 

" And we do hereby authorise and empower the Chancellor 
for the time being of our said College, to decide in each case 
Trbat particular member of the said council not holding any such 
office as aforesaid shaii vacate his seat in the said Conncii upon 
the admission of any new member of Council holding any such 
office. 

" And we do hereby declare aiid grant that the Chanrcllor, for 
the time being of our said College, shall preside at all meetings 
of the said College Council, when he may deem it proper or 
convenient to attend, and that in his absence, the President of 
our said College shall preside at all such meetings , and that in 
the absence of the. President the senior member of the said 
Council present at any such meeting shall preside thereat, and 
ffiat the senit rity cf the members of the said Council, other thru 
the Chancellor and President shall b^ regulated according to tie 
date of their respective appointments . Provided clioays th 
members of the said Council being Professor in our said College, 
shall in the said Council take precedence bvei and be considered 
as senior to the members thereof,- not being Professors in our 
s-aid college. 

u And we do ordain rind declsYe that no meeting of the saifcl 
cexracilsha]! be, 01 be held to be a lawful meeting thereof, unless 
five members at the least, be present during the whole of every 
such meeting ; and that all questions and resolutions proposed 
for the decision of the said College Council, shall be determined 
by the majority of the vote*! of the members of the council pre- 
sent, including the vote of the presiding member : and that in the 
event of an equal division of such votes, the member presiding at 
any such meeting shall give an additional or casting vote. 

" And we further declare that if any member of the said coun- 
cil shall die or resign his seat in the said council, or shall be sus- 
pended or removed from the same, or shall, by reason of any 
bodily or mental infirmity, or by reason of his absence from the 
said Province, become incapable for three calendar months or 
upwards, of attending* the meetings of the said council, then and 
>n every such case, a fit and proper person snail be appointed by 
the said Chancellor to act as, and be a member of the said coun- 
cil in the place or steed of the member so dying or resigning; o: 
£0 suspended or removed, or incapacitated as aforesaid: and s'.r,k 



King's College. 



to any member ro suspended or iaca-paci- 
,tated shall vacate such his office on the removal of any such sua- 
sion or at the termination of any such incapability as afore- 
said, of his immediate predecessor iu the said council. 

u And we do further ordain and grant, that it shall and m-"- r be 
competent to and for the Chancellor for the time being of our 
said college, to suspend from his sect in the said council, any 
member thereof, for a;:v jus' and reasonable cause to the said Chan- 
cellor appearing ; provided that the ground of every such sus- 
pension shall be entered and recorded at length by the-said Chan- 
.eellor in the books of the snid Council, and signed by him; and 
every such person so suspended shall thereupon ce;:?e to be a 
member of the said Council, unless ?.;i(] until he shall be restored 
to and re-established in such his station therein, by any order to 
be made in the premises by us or by the said visitor of cur said 
College, actmg ^n out behalf, and in pursuance' of any special 
reference from '."-■. 

"And we do further declare thai any mem' er of flic said Conn- 
.'•'1 who, without sufficient causeitnbe allowed by the said Chancel- 
lor by an order entered for that purpose on the books of the said 
Council, shall absent himself from all the meetings thereof \vh?«h 
may be helsJ within any six successive calender months, shall there- 
on vacate such his seat, in the said council. 

11 And we i]o by these preset!!?, fbr us. our fceirs and sarc*\ssois, 
will, ordain, and grant that trie siid Council of «ur said College 
shall have power and authority to frame and make statutes, riUesi 
rind ordinances, touching pod concerning the good government of 
the raid College, the performance of Divine service therein, tlie 
rtunics, lectures, exercises, degrees in ar*\s and faculties, and all 
matters regarding the same, tlie residence and duties of the Presi- 
dent, of our said College, the number, residence, and duties of the 
Professors thereof, the management of the revenues and property of 
the said College, the salaries, stipends, provisions and emoluments, 
of and for the President, Professors, Scholars, Officer?, and Ser- 
vants thereof; the number ana duties of such Officers and Servants, 
and also touching and concerning n^y other matter or thing' winch 
to them si)?.]-] seem gco:t, fit, and .useful fur the well-being a-ed ad 
vancement of our said College, and agreeable to this our Charter. — 
And also from time to time, by any new statutes, rules cr' ordinan- 
ces, to revoke, renew, augment, or alter all, every, or any of tiie said 
.statute?, rules and ordinances, as to them shall soem meet and ex- 
pedient : Provided always, that the said statutes, rules and ordinan- 
ces, or any of them, shall not, be repugnant to the laws and statutes 
of the United Kingdom of Great [Britain and Ireland, or of our said 
Province of Upper Canada, or to this our Charter. Provided also, 
that the said statute?, rules and ordinances, shall be subject to the 
approbation of the said Visitor of the said College for the time being-, 
and shall be forthwith transmitted to the said Visitor for that pur- 
pose and that in case the said Visitor shah for U3 -nod in our behalf 
in writing, signify his disapprobation thereof within two yea rs of the 
time of their being so made and framed, the same or snch part 
.thereof as shall be so disapproved by the said Visitor, shall, from 



v King's Co!.ly.cf. 

ths *'*t?° • r such. i < '.•'•>r^^ , "0:>a , : -^»rr being '^i ' 'y 'an own to t.he ^i". 1 Chaw- 
eellor of our said College, be utterly void and of no effect, but other- 
wise shall be and remain in full fforoe and vor>ue. 

«• Provided nevertheless, and we d^ hereby expressly save *^d ~°- 
e«r''efo up, our heirs and successors, t.h' 3 rower of reviving, confirm- 
ing, or reversion, by any order or orders to he by us or them mads 
in our or their Privy Council, all or anv of the decisions, sentences, 
o- orders so to he made a* aforesaid by the said Visitor, for ns and 
- behaif in reference to the said statutes, rules and ordinances, 
or any of them. 

** And we (\n fjr^i^r nrdam and deelare that run statute, ru\» nr 
ordinance, shall bo framed or be made hy t lie sa;d College Council, 
touching the matters aforesaid, or any of them, exceptmg only such 
as shall be proposed for the consideration of the said Council by the 
Chancellor for the time being ot our said College. 

44 And we £" require and enjoin the said Chancellor thereof L o 
consult with the President of our said College, and the next seniou 
m mber of the said College Conned, respecting all statuses, rules 
and ordinances, to be proposed by him to the said Council for their 
iRonsideration * 

" And we do hereby, for us, on*- heirs and successor*, c^^r-^o nr ,r] 
command, that the statute?, rules and ordinances aforesaid, subject 
to the said provisions, shall be stricty and inviolably observed, kept 
and performed from tome to tone in full vigor and effect, under the 
penalties to be thereby or therein imposed or contained. 

" And we do farther will, ordain ard gr?.n f , that the Raid College 
shall be deemed and taken <:o bo an University, and shall hav^ and 
enjoy all such and the like privileges a= are enjoyed by our Univer- 
sities of cur United Kingdom of Great Britain and Ireland, as far «s 
the same sre capable of being had or enjoyed by virtue of these our 
letters patent ; and that the students in the said College shall have 
liberty and facility of taking the degrees t»f Bachelor, Master & D'>r- 
for in the several arts and faculties at the appointed times, and shaSl 
have liberty within themselves of performing all scholastic exercises 
for the conferring such degrees, in such manner as shall be directed 
by the statute?, ru'es, and ordinances of the said College, 

11 And wo do further will, ord i»n and appoint, t'->af norelig : ous test 
or qualification shall be required of or appointed for any persona ad- 
mit ted or matriculated as scholars within o^.r said College, or of per- 
rons admitted to any degree in any art or faculty therein, save only 
that ad persons admitted within our said College to any degte • oi 
divinity, s^al! makesuchand the same declarations and sub-enpt on-, 
and take such and the same oaths as arercquitf-u of personsadmiUed 
to any degree in Divinity, in our University of Oxford. 

"And wo do further will, direct arid ordain, that, the Cha^c*!]©* 
President, and Professors of our said College, and all persons rfhvt- 
ted therein to the de&r?.^ of Master of A^ts, or to any degree in D vi- 
nitv, Law or Medicine, and who from tk n rime of such their edmi 
el such degree, shad pay the annual sum of Twenty Shillings', ster- 
ling money, for and towards the support and maintenance of the paid 
College, shall be and be deemed, taken, and reputed to he the mem 
bera fothe Convocation of the said University, and as such memhers 



KhNG'fij CoLEEGE. U 

f»f the «a J Convocation, shall have, ex«reise, and enjoy all pitch a ' 
i!i-» hke privileges an art- enjoyed by ihe member- of the Con voce 
of our university of Oxford, so far as the same are capable of being 
tad and enjoyed by virtue of ihesjou-r letters patent and eonsjdlently 
w tii the provisions 'hereof. 

*• And wrt»will r and by these presents, for us, cur bebsand sncc sa- 
,' d ant and declare, thai these, our U ttere patent, or 1 1 e enrol 
ment or exemplification thereof shall and may be good, firm, vuhd, 
sum-cieii!, and effect ual in the L-iw, according to the tru intent ai d 
rneaum^ of the same* and shall betaken, construed, and adjnd ■ ..^ 
in the most favorable vie benefii a! sense tor the besl advantage . t the 
t*n <i Chancellor, Pr< sident& Scholars of our said Co.h ■/ , as w eli n 
our Courts of k cord as elsewhere, and by uli and si uvular Judges* 
Justices, Officers, Min sters and other subjects whatsoever* of us, onr 
heurs, and mccessors, any mis-recital, nun-recital, omission, iuiper- 
faction, detect, matter, cans*), or thng whatsoever fctflire contrary 
thereof in any wise notwithstanding:." 

Ahd whereas his present M ij sty, William the fourth, has 
fwen t/raciously pleased to shinty through Lis Majesty's Principal 
Secretary of Sta ? for the Colonies, Earl Ripon, by his despatch of 
the 8th of November, 183*2, communicated to tiie Legislature by 
His Excellency, bv message, that ~o far from any auxiety having; 
heen felt by His Majesty's Government to maintain the sad Char- 
ter against the wishes of the great majority of the people, eveiy 
possible measure has oeen takmi terefer to their representatives the 
decision of the question in .vhat form and upon wllat principieer the 
aain College shouid be founded. 

hi if 4-c, That from and after the pass' ng of this Act the said 
University shall be upon (he principle and in the form hereinafter 
provided, anv thing in the sad c'narter to the contrary not withstand- 
ing : I'i'ovickd always, That the said Charter shall be and conti- 
nue in full force except so far as it is allured and varied by the pro- 
visions of this Act. 

2. Ana be it cjjfc-, That from and after the passing of this Act, it 
shall not be necessary for the President of the said University to be 
a Clergyman in hoiy orders of the United Church of England and 
Ireland, any thing in the said Charter to the contrary nutwith- 
■Inndiag. 

3. A,id be : > 4* c -» That from and afrert.be passing of this* Act, the 
Archdeacon of York, now City of Toronto, for the time bi ing, shad 
not by virtue of ins office of Archdeacon, bp at all times President 
of 1 he basd Umversi'y, any thing i.n the bald Charter to the contrary 
notwithstanding. 

4. And hi-, it cy-c, That from and after the passing of this Act, the 
Professors of the said College and the Council thereof shall yot be 
required to be members of tiie said Established Unitf d Uh rcb, or 
to subscribe tue th rly nine articles thereof, any thing in the Char- 
ter to tne comrary notwithstanding'. 

5. And be it. <£'c,*, Tuat there be at allti'mes as many Professor?,. 
Tutors, and Lecturers, in the different arts and faculties in the sa 1 
College as from tune to time shall oe deemed necessary orexoedien£» 
and. «*» fciiili b€ appointed in lue manner herein after provided and 



h King's College. 

in no other manner, u,.y thing in the said charter to the contrary 
no; withstanding. 

(h And be it Jve, That ih^re shall be within the said College in the 
place and stead of the Couucil in the said Charter mentioned, a 
Council to be called and kr: >wn by the name Of the Council of King's 
College, which Council shall ooas it of twelve persons, one 1 
riie number of which p srsotis shall be nominated by the Legist; 
Council, and* the other half by th.^ House of Assembly, which per- 
sons Sv) nominated shall be cer. ; le respective Houses to the 
Governor, Lieutenant Governor, or person administering the Gov- 
or, foi the time being, and shall hold their offices for four years 
noihination and l ; k-;.c- : ' until the thou 
sion of the Provincial Parliament, and no longer. 

7. Andbe it qic , That if any member of the said Council shall dm 
or shall be suspended or removed from Ins said office, or shall by 
reason of any hqdily or mental iafiruatyv or by reason or" ins absence 
from the said Province, become incapable for s x calendar months or' 
upwards, of attending the meetings or" the said Council then and in 
every such cas*», ;i Ht and proper person shall be appointed by the 
rest of the said Council to act and be as a member of the said Courur 
ail in ?ny place and stead of the member so dying or so suspended or 
removed or incapacitated as aforesaid, and the appointment of sneii 
new member of the said Council shall be communicated to the Pro- 
vincial Legislature through the Governor Lieutenant Governor or' 
person administering the Government for the time being, at their 
next, Stssion, and it shall and may be lawful for that branch of the 
Legislature by which the person so dying or suspended er removed 
or Hiitapaeitau.d as aforesaid whs appointed either to confirm 
ea:d temporary appointment made' by the said Council asafor 

or to appoint another; as such branch of the Legislature e 
ft. 

8. And belt cfc, That no meeting of the Council shall be taken 
i to be a lawful meeting thereof nor any qaesth 

tHpllonujourr, unless nine members at tiie least be present and that 
n ; questions Si resolutions proposed for the decision cf such College 
Council, £hall be determined by the ma jority of the members of tln=* 
(ou 6ilnreBent,in€ludi0g the vote^ofthe presid ng member, and the £ 
In the event of an equal division of such votes, the member presiding 
. such meeting shall give an additional or easing- vote. 

9. An I b& i/, cy-c. That any member of the said council may at 
any time be suspended or removed by a joint resolution of the two 
branches of the Provincial Legislature. 

10. And be if, ere. That it shall and may be lawful for the said 
Council of the said College from time to time to nominate and elect 
so many Professors, Tutors, and Lecturers in the several arts, sci->- 
encee, and matters of learning, as to them shall seem fit and ne- 
cessary f<w the system of education in the said College. 

11. And be it, <fe. That the President, Professors, Tutors, Lec- 
turers, Graduates, uader Graduates, Scholars, Oificeis and Servants 
of the said College, and every person holding any situation of ho- 

t trust m the same, shall be subject to ail and every of the 
rules and ordinances of the &a.d College, made and provided ac- 
^zidi:)- to this Act. 



King's College. i 

18. Arid be it, «.)•<;. That the said Council of said College ahaii 
have power and authority to propose, frame, ar.d make rules and 
ordinances touching and concerning the peace, welfare, and good 

f'bvernmont of the said College, the studies, lecture?, exorcises, and 
egrees in arts and faculties, and all matters relating to the same ; 
the duties of the President of the said College, the number, remu- 
neration, and duties of the Professor?, Tutors and Lecturers there- 
of, theTnanageraent of the revenues a y of the sa?d College, 
the salaries, stipends, provision and emoluments of and for the 
President, Professor?, Tutors, Lecturers, Scholars, Officers, ail ' 
Servants thereof, the number and duties of such Officers and 
Servants; and also touching and concerningn any cither matter or 
thing which to them shall seem good, fit, and useful for the well- 
being and advancement of the said College, and also from time to 
time by any new roles or ordinances to revoke, renew, augment, or 
alter all, every or. any or the said rules and ordinances as to 
them shall seem meet and expedient : Provided ahsays T That tee 
said rules and ordinances, or any of them, shall not be repugnant to 
the Laws and Statutes of the said Province of Upper Canada nr to 
this Act : Provided alio, That the-said rales and ordinances shall 
be subject to the approbation of the Chancellor of the said College 
for the time being, and shall be forthwith transmitted to the said 

Chancellor for that purpose, any thing in the said Charter to the 

contrary notwithstanding. 

13. And be it, ofC That no religious test or qualification whate- 
ver shall be required of or appointed for any persons admitted or 
matriculated as scholars within the said College, or of persons ad- 
mitted to any degree m any art or faculty therein, whether such 
degree be conferred in Law, Physic, or other Aft or Science, any 
thing in the sa : d charter to the contrary notwithstanding. 

14. And be il, 6,-c. That the members of the said Council and 
their successor !c rover shall be one distinct and separate body poli- 
tic and corporate in deed and in name by the name and style of 
King's College, and that by the same name they shall have perpetual 
succession and a common seal ; and that they and their successors 
shall from time to time have full power to alter, renew or change 
such common seal at their -viH and pleasure, «is sftaltbe found con- 
venient ; and that by the same name they, the said Ccusci!, and 
their successors, from time to time, and at ail times hereafter, shall 
be able and capable to hav«, take, receive, purchase, acquire, hoft], 
possess, enjoy, and maintain, to and for the ase of the said College, 
any messuages, lands, tenements and hereditaments of what kind, 
nature, or quality whatsoever, situatu and being within the said 
Province of Upper Canada, and moreover to tak*, purchase, ac- 
quire, have, hold, enjoy, receive, posses* and retain, all or any, 

goods, chattels, chariti"*. or other contributions, gifts, orben^fso- 
tions whatsoever ; and that the si id Council and their successors, 
by the same nam?, shall and may be able and capablo in law to 
sue, and be saod, implead and be impleaded, answer and be an- 
swered, in all or any Court or Cotfrt£ of Record within the said 
' Province of Upper Canada in ill ■■' singular actions, catises, pleas, 
- suits, matters and demands whatsoever, of what nature, or kind 
• soever^ in as large, ample and beneficial a mariner and form as any 
other body poiitiG and corporate, nrany other persons able arid ca- 
pable in Lav/ may or can sue, implead or answer, or be sue 
pleaded, oranswered in any manner whatsoever; any thing in 
the said charter to Ih : so . ... . ,nding. 



k King's College. 

15. And beit, <%c. That all monies received by the said corpora- 
tion from the sale of any goods or lands, or from grants from the 
crown or legislature, or contributions, gifts or benefactions whatsoe- 
ver, shall be invested by the sa ; d Council eo as to produce an annual 
income, and that the annual income arising therefrom, and no more 

t pended bv the said Council in furtherance of the objects 
of '.he sai- corporation, ami provided that whenever the annual ia- 
come aforesaid together with such sum or sums as may accrue from 
the leasing of any of the lands with which the said College has been 
or may be endowed shall exceed six thousand pounds over and above 
scholarships the surplus over and above the said sum of six thou- 
sand pounds shall be paid into the hands of His Majesty's Receiver 
General of this Province to be at the disposal of the Legislature for 
0'' ;f education by the erecting and endowing of Pree 
{grammar Schools in the several Distriw.ts.-in this Province. 

16. A nd be it, <$*c. That it shall and may be lawful for the Council 
of the said University to suspend from his office the President, or any 
of the Professors, Tutors, or Lecturers, or any members cf tne said 
Council, who shali be incapacitated by bodily infirmity, or for any 
Other just, and reasonable cause to the said Council appearing : 
provided that the grounds of every such suspension shall be re- 
corded in writing, and verified pn oath of two or more credible 
and disinterested witnesses, and be entered and recorded at 
length on the journals of the said Council, and be signed by the 
Chancellor or President of the said Council. 

17. And be it, <%c. That every person so suspended shall there- 
upon cease to be a member of such Council, or President of the 
said University, or a Professor, Tutor, or Lecturer within the 
same, as the case may be, unless and until he shall be res- 
tored to. and re-established in such his station therein, by any order 
.to be made ir: the premises by that branch of the Legislature 

by wh eh auch member was appointed; 

18. And be it, $c. That it shall atfd may be lawful for the 
C iciJ of the said College from time to time to establish scho- 
larships iq the said College for the benefit of the pupils. of the 
District Schools in this Province ; Provided that the amount of 
each scholarship shall not exceed the annual value^of Fifty Pounds 
per annum. 

19. And be it, <$-c. That it shall and may be lawful for the 
said Qollege , Council and all persons whatsoever attached to the 
said College -u they are hereby required at all times without re- 

before the several branches of the Legislature of 
this Province- wliatever information shall be by them, or either 
of them, from time to time required relating in any way what- 
ever to the said College and the concerns thereof. 

20. And be it, c?c. That .whenever any rule or rules, ordinance 
or ordinances, ; shall be passed hy the said Council as aforesaid 
containing any. provisoes which shall in any manner relate to 
or affect the er-joymeut or exercise by the Professors, Tutors, Lec- 
turers, Scholars, (*raduat< s, under Graduates, Students, Servants 
or others, whomsoever, connected with the said College, of any 
religions form, or mode of worship, or in any w r ay whatever pre- 
vent or restrain them or any of them from attending on the Sab- 
bath whatever place of religious worship they choose, or shall 
impose or create any penalties, burthens, disabilities or disqua- 



KiNe's College. t 

~on*, or confer any peculiar or exclusive favours or privileges 
in respect of the same ; or shall in any manner relate to or affjet 
the ob lisciplins appertaining to any church 

or society or' christians to which any of the persons aforesaid may 
beloeg; every such rule or rales, ordinance or ordinance, shall not 
Kave any fbrcs or effect whatever till the same shall have been laid 
before the three branches of the Provincial Legislature, uai shall, 
after having been so laid before them aed each of theui for the spaco 
of ten days receive the sanction thereof. 

And be it, <j-c. That it shall and may be lawful for the said Coun- 
cil and they are hereby required. to meet in the said College at To- 
ronto, and tor the periods following namely, commencing eight anya 
previous to the meeting oi the Legislature in ach and every year, 
and ending on the eighth day following the said meeting of the Le- 
gislature : at which stated time and at no other, it shall and may bo 
lawful for the s lid Council to do, perform and execute all the duties 
and t. y this act, or by any rule or ordinance of the 

sail Calk - md by virtue oi this act. 

21. And ha it, $c. That it shall and may he lawful for each of the 
members of the said Council while in the active discharge of his said 
duties at the periods aforesaid, to have and receive from and out of 
the funds of the said College, the sum often shillings lawful money 
of Upper Canada and no more for every day's actual attenaanca dur- 
ing the said weeks, and the like sum for every twenty miles ia tra. 
veiling to the said College and returning therefrom to his place of re. 
eid3nc:. 

23. And he it, Sfc. That it shall and may be lawful for any member 
cf the said Council to tender his resignation during any session of 
the Provincial Legislature, to that branch thereof by which he was 
nominated tted, and upon the acceptance of such resigna- 

tion, such person shall cease to be a member of such Council, and it 
shall thereupon be lawful for the said branch of the Provincial Legis- 
lature accepting such resignation forthwith to nominate and appoint 
another person to be a member of the said Council in the plase and 
d of the person so resigning as aforesaid.. 

21. And be. it, 8fc. That if i ny Professor, Tutor, Lecturer, or other 
person elected b) Council, to an} x. rofessorship, Tutorship, 

Lectureship or other station in the said College shall die in the in- 
terval between the annual meetings of the said Council, it shall and 
may be lawful for the various Professors, Tuttis and Lecturers who 
have been elected by the said Council to appoint a fit and proper per- 
son to discharge the Katies of the said Professor, Tutor or Lecturer, to 
deceased, tiil the next rioting cf the said Council and no longer. 

25. And be it, tyc. That it shall and may be lawful for the said Coun- 
cil, at their appointed meetings, and they are hereby required to keep 
at every such meeting, a Journal of their proceedings, specifying the 
day and hour of assembling, the names of the members of the 
Council in attendance, the resolutions and matters proposed, with 
the names of the members voting for and against each resolution and 
matter whether the same be rejected or adopted by the said Council, 
which record or journal of the said proceedings of the said Council 
shall at all reasonable times be open at the said College, to the inspec- 
tion of the visitor, Chancellor, and other members of the said Col- 
lege, and be laid before the several branches of the Provincial Legis- 
lature whenever by thern or either of them required so to do. 

26. And be it, oj-c. That no religious lest or qualification whatever 
Shall be required of any Chancellor, President, Professor, Tutor* 



m King's Collegia 

Lecturer, Scholar, or other Person being a candidate for any situa- 
tion or honour in the said College, nor shall the eligibility of Miy 
person to any of the aforesaid stations in the said College, or to any 
other station that may hereafter be created, be in any way or degr&fi 
dependent upon or leguiated, affected or prejudiced by the particular 
faith of any such candidate, any thing in the said charter to the Con- 
trary notwithstanding. 

27. And be it, <$c. That from and after the passing of this Act, tlicr* 
shall not at any time, be, or be allowed to be within the said College 
any public professor, lecturer or teacher of doctrinal divinity, accordv 
ing to the articles of faiih professed by the United Church of England 
and Ireland or according to the creed or faith of any other chrhs.'iar:, 
ox ether religious church whatever, any thing in the said charter to 
the contrary in any wise notwithstanding ; and it shall not be lawful 
for the said Council to apply any of the funds now or at any time 
hereafter belonging to the said University, to the support of any pub- 
lic professor, lecturer or teacher, of such diviniiy : Provided always, 
That nothing in this act shall extend or be construed to extend, to 
prevent the stuuents and members of the said University by thenu 
selves or their parents, guardiana, or friends, from engaging private 
tutor* for their private instruction in divinity or in any other art or 
science within the said College. 

28. A?id be it, fyc. That it shall and may be lawful for any member 
of the said Council to administer any oath required by this act, and 
any person convicted before any court of competent jurisdiction in 
thro Province, of wilful and corrupt false swearing under any oath 
administered as aforesaid, shall be deemed and taken to be guilty of 
perjury, and shall be liablo to the like punishment as can be inflicted 
by me laws of LLis Proyince for perjury. 

29. And be it, <£c. That upon a vacancy occurring in the office 
of the President of the said College, by the death or resignaiien of 
the present President thereof, the (said situation shall be filled in all 
times to come by the Council of the said College, any thing in th« 

Charter of the said College to the contrary thereof, in any wise not- 

withstanding. 

30. And be ii, cfc- That the visitor of said College shall be ap- 
pointed by the Council thereof, any thing in the said Charter to tha 

contrary notwithstanding. 

(Signed) MARSHALL S. BIDWELL, 

Speaker. 

Pas?ed Commons House cf Asscmbiv, ) 
2nd day of April, 1835. \ 



" On th» question for passing the 


Pill, the Yeas and Nays were cs 


follows : 








YEAS, 


Brown. 




M'Kay, 


Bruce, 




Mackenzie, 


Caldwell, 




Matloch, 


Chisholni, 




Morritt, 


Cook, 




Morris, 


Cornwall, 




Parke, 


puncombe, iof Oxford] 




Ferry. 


IXimeoinbe, [of Norfolk* 




Ryma!, 


Durand, 




Shaver. 


Gibson, 




Small, 



• ilchrist, Walsh, 

Hopkins, Waters, 

Lount, Wells, 

M'Crac, Wilson, 

M'Done.I, [of Glengarry] Woolverton, 

M'Donell, [of StorinontJ Yager— 33. 
M'luiosh, 

"3N r AYS, 

Gowan, Robinson, 

?\4acnab, Wilkinson — 5." 

Richardson, 

Truly extracted from the Journals of the Assembly of Upper Cana- 
da of the 2nd drfy of April, 1835. 

(Signed) JAMES FITZGIBBON. 

Clerk" of Assembly. 






An Act to promote Education. 

WHEREAS it is necessary to make more ample provi- 
sion for the Teachers of the Common Schools, and 
to provide means to enable some of the most talented youth 
in the Province to pursue their studies in the higher Semina- 
ries of learning which are now, or may hereafter be estab- 
lished in this Province : Be it therefore enacted, c$c. That 
the ninth clause of an Act passed in the fifty-sixth year of the 
reign of His late Majesty King George the Third entitled, 
11 An Act granting to His Majesty a sum of money to be ap- 
plied to the use of Common Schools throughout this Province, 
and to provide for the regulations of said Common Schools," 
be and the same is hereby repealed. 

2. And be it further enacted, SfC. That it shall and may 
be lawful for the inhabitant householders of each and every 
Township in this Province, at the Town meeting to be held 
on the first Monday of January in each and every year, to 
nominate and appoint three fit and proper persons to be Su- 
perintendents of Schools in the Township for the year in 
which they shall be so appointed. 

3. And be it further enacted, §-c. That it shall be the 
duty of such Superintendents to appoint, a time and place in 
the Township for which they shall have been chosen, where 
all Scholars are to attend who may consider themselves to 
have made such progress in learning as to qualify them to 
become candidate? for the superior Schools ; and the said 
Superintendents shall, from among the Scholars so assembled, 
select three of the most talented and promising, who arq to 
be candidates for admittance into the District School, or such 



o Education. 

other seminaries of learning which are now or may hereafler 
be establihed in this Province. 

4. And be it further enacted, fyc. That the different Su- 
perintendents in each and every Township shall, at their 
first meeting to be held before the first day of June in each 
and every year, nominate and appoint a fit and proper per- 
son to be a member of the Board of Education ; and that the 
several members hereby appointed in each and every District 
shall constitute ancUform the Board of Education for such 
District. 

5. And be it further enacted ', <$>c. That the Board of Edu- 
cation hereby established for each and every District of this 
Province shall meet on the .Monday of the week in which the 
Court of General Quarter Sessions for such District is to be 
held in the month of July, and at the place where the said 
Court is to be held, and in the month of June in such places 
where the Quarter Sessions is held in June, and then and 
there appoint their Chairman, and transact such business as 
the laws of this Province authorise the present Board of Edu- 
cation to do ; that three members be a quorum, and that such 
members as attend be entitled -to ten shillings per diem, pro- 
vided the number of days does not exceed three. 

6. And, be it further enacted, Sfc. That so soon as the 
Board of Education in each District shall consider it advisa- 
ble they may, before assigning to the Teachers their annual 
salaries, reserve a sufficient sum for paying the boarding and 
tniaon at the District School, or other seminary to be select 
ed by the said Board, of such select number of scholars from 
each county, not exceeding eight, as shall be chosen by such 
members of the Board of Education as shall have been ap- 
pointed in the different Townships of such County. 

7. And be it further enacted, fyc. That so soon as the 
Board of Education in each and every District in this Prov- 
ince shall rind that the state of the funds will admit of it, they 
may set aside a sufficient sum to pa} 7 the boarding, tuition and 
wearing apparel, of one or more select Student or Students 
from each County, in order to enable him or them to pursue 
his or their studies in the higher seminaries of learning, such 
Student or Students to be chosen by such members of the 
Board of Education as are appointed by such County, 

8. And be it further enacted, fyc. That no Student sent 
either to a District School, or any other Seminary of learn- 
ing, shall be recalled in a shorter period than three years, 
unless such members of the Board of Education as reside in 
the County from which such Student shall have been sent 
will unanimously agree. 



KbUCATION. P 

9. And bs it further enacted, fyc. That the Board of 
Education in each and every district, shall, at its Meeting in 
the months of June or July, appoint a time and place in t ;'oh 
county where all Schoolmasters of such county shall attend to 
be publicly examined by the Master of the District School, 
aided by such Members of the Board of Education as reside 
in such county. 

10. And be it further enacted, S?c. That the Board of 
Education for each and every District, may cause its Clerk 
to acquaint the Schoolmasters, at least six months previous 
to examination, of the time and place where such examination 
will be held, and the particular branches of education for 
which prizes shall be awarded. 

11. And be it further enacted, &c. That the Teacher who 
shall be declared to have gained the first prize, shall be enti- 
tled to one pound yearly, while teaching, over and above his 
regular salary; second prize, fifteen shillings; third prize, 
ten shillings ; second and third prizes subject to the same con^- 
dition as the first prize. 

12. And be it further enacted, fyc. That no Teacher of a 
common school shall be entitled to any benefit from the edu- 
cation fund, who shall not have attended the county meeting 
for the examination of Schoolmasters, unless prevented by 
sickness, to be certified by one of the Trustees of the Com- 
mon School for which he is the Teacher. 

13. And be it further enacted, Sec. That the Master of the 
District School and such Members of the Board of Educa- 
tion as have attended the county examination of Schoolmas- 
ters, shall be entitled to ten shillings each, for every day ne- 
cessarily employed in the said examination, provided it does 
not exceed three days for any one county. 

14. And be it further enacted, fyc. That for the mainte- 
nance and encouragement of education in this Province, there 
shall be established a fund, to be entitled, "Education Fund," 
which said fund shall consist of such sum or sums as the Le- 
gislature shall deem fit to appropriate for the same from the 
revenues of the Province ; secondly, of the interest of the 
proceeds of the sale of the school lands, and all interest ac- 
cruing from the proceeds of all other sale of lands appropri- 
ated to education ; and thirdly, all such monies as may be 
available from the leasing of land for the purposes of educa- 
tion.* 

15. And be it further enacted, S?c. That all sums of money 
already paid into the hands of the Receiver-General of this 
Province, or which shall hereafter be paid to him, as the pro- 
ceeds of land sold to promote education, shall by him be in- 
vested in the purchase of any Government debentures autho- 



* 



Education. 



rised by any Act of the Parliament of this Province, and that 
the interest payable upon such debentures shall continue t«r 
be charged to the general revenue of this Province, and shall 
be annually placed to the credit of the Education Fund, by 
this Act created. 

16. And be it further enacted, c^c. That in aid of the pre- 
sent appropriation for the support of common schools in each 
and every district of this Province, there shall be granted to 
His Majesty, annually, the sum of twelve thousand pounds, 
to be distributed among the several districts in the manner 
hereafter provided, out of any monies which are now raided 
and levied, or which may hereafter be raised and levied by 
the authority oi' Parliament, to and for the use3 of tins 
Province. 

17. And be it further enacted, SfC. That it shall and may 
be lawful for the Governor, Lieutenant-Governor, or person 
administering the Government of this Province, in eacli and 
every year, according to the last preceding census of the po- 
pulation of the Province, to apportion the money already 
granted by the Legislature, or winch shall be hereafter grant- 
ed, among the several districts, together with such further 
sums of naoney as may be afforded from the Education 
Fund. 

13. And be it further enacted, Sec. Thai it shall and may 
be lawful for the Governor, Lieutenant-Governor, or person 
administei ing the Government of this Province, on or before 
the Sfteenlh of June in each and every year, to cause to be 
transmitted to the Clerk of the Board of Education in each 
and every district, a copy of such warrant as he shall have 
issued in favor of the Treasurer of such district, for the 
payment of the portion assigned to such district out of the 
Education Fund. 

19. And be it further enacted, &c. That it shall be the duty 
cf the Chairman of the Board of Education for each and every 
district of this Province, to report the state of the district 
common schools, to the Governor, Lieutenant-Governor, oc 
person administering the Government, that the same may be 
laid before the Legislature, at its first meeting, for their in- 
spection ; and that the Chairman be entitled to ten shillings 
per diem, for every day necessarily employed in preparing 
^uch report, provided it does not exceed five days. 

20. And be it further enacted, £yC That it shall and may 
be lawful to and for the Board of Education in each and every 
district, to allow to the Clerks of their respective Boards, in 
addition to the sum they are now by law authorised to receive, 
the fun:.;. iu:7i of five pounds annually. 



Education. 



21. And be it further enacted, &c. That the said sum of 
twelve thousand pounds annually, shall be paid by the Re- 
ceiver-General of this Province, in discharge of such warrant 
as may for \hai purpose be issued by the Governor, Lieuten- 
ant-Governor, or person administering the Government of 
this Province for the "'ma being, and shall be accounted for 
to His Majesty, his Heirs and Successors, through t he Lords 
Commissioners of His Majesty's Treasury for the time being, 
in such manner and form as His Majesty, his Heirs and Suc- 
cessors, shrill be graciously pleased to direct. 

22. And be it further enacted, &c. That this Act shall 
not go into operation until the first day of January, which 
will be in the year of our Lord one thousand eight hundred 
and tuuiy-six. 

Passed Commons 

of Assembly 

of March, li 



House \ 
31st day } (SignedJ M. S. BIDWELL, 



i 



Speaker. 



On the question for passing the bill the yeas and pays 
were taken as follows i 

YEAS, 



AUvay, 
Brown,. 
Bruce, 
Chisholro, 

Cook, 

Corny/aw, 

Puncombe, of Oxford, 

Buncombe, of Norfolk, 

Durand. 

Gibson, 

Gilchrist, 

Gowan, 

Hopkins, 

Jones, 

Lount, 

McCrae,. 

IJ.cDonelIj.of Glengarry, 



McDonell, of Stormont, 
Mack ay, 
Mackenzie, 

I U ■nit, 

Moore, 

Perry, 

Richardson, 

Rymal, 

Shaver, 

Shiolay, 

Small, 

Thorburn, 

Waters, 

Well:, 

Wilson, 

Woolverton— SS* 



NAYS. 

Rykert— S. 



Attorney General, 
Mac nab, 

Truly extracted from the Journals of the Assembly of the 
31st dav of March, 1835. 

(Signed) JAMES FITZG1BBON, 

Clerk of Asstmbly, 
KS J 



s L eel'3 Election. 

An Act to promote ths freedom of infection in the Count] 

Leeds. 

THEREAS, to promote the freedom of Election in the 
County of Leeds, and obtain a fair expression of the 
sentiments of electors in the choice of members to represent 
the seid county in Parliament, it is deemed expedient to alter 
and amend the election laws of this province, so far as the 
same relate to the said county. Be it therefore enacted by 
the King's Most Excellent Majesty, by and with the consent 
of the Legislative Council and Assembly of the Province of 
Upper Canada, tScc. Unit the several laws of this province re- 
lating to the election of members of Assembly, and the mode 
ef conducting elections shall be, and the same are hereby re- 
pealed in i elation to the said county of Leeds, so far as the 
provisions thereof vary from this act. 

2. And be it farther enacted by the authority aforesaid, 
That hereafter the election of members to represent toe said 
County of Leeds in Parliament shall be held at four place? 
within the said county, and fur that purpose the said county 
shall be and is hereby divided into Four Sections, And that 
Section No. One, shall be composed of the Townships of 
Elizabethtown and Yonge, and the place at which the elec- 
tion shall be held within such Section shall be at Col man's 
Corners in Elizabethtown. Section No. Two, of the town- 
ships of Leeds and Lansdowne, and the place at which the 
election shall be held within such Section shall be the Village 
of Gananoque. Section No. Three, of the townships of Kit- 
ley, Burgess, and Elmsley, and the place at which the election 
shall beheld within such Sectien shall be the Village of Smith's 
Falls. And Section No. Four, of the townships of Bastard, 
North Crosby, and South Crosby, and the place at which the 
election shlall be held within such Section shall be the vil- 
lage of Beverley. 

3. And be it farther enacted by the authority aforesaid, 
That besides the Returning Officer now required to be ap- 
pointed by law, it shall be the duty of the Governor, Lieu- 
tenant G venor, or person administering the Government of 
this Province for the time being, to appoint in like manner a 
Deputy Returning Officer to each of the three of the said 
Sections, whose duty it shall be to hold the election in the 
Section to which he shall be appointed, in the same manner, 
and subject to tne same responsibilities and penalties as Re- 
turning Officers for counties are now liable by the laws of this 
Province, and to retur.n to the Returning Officer appointed 
hr the said County of Leed5 the Poll Book for such Section, 
accompanied with an affidavit of such Deputy Returning 



Lei;.I;5 ELECTiOff. T 

■■ r and his Poll Clerk, sworn before some Justice of thq 
Peace of the District of Johnstown, that the same contains a 
true and correct record of ihe votes taken at such section 
elections according to the provisions of this act. 

4. And be it further enacted by the authority aforesaid, 
That the Returning Officer for the said County of Leeds 
shall take the votes in such one of ihe said Sections as he shall 
be directed to preside at in his appointment as Returning 
Officer for the said county, in the same manner, and under 
the same responsibilities and penalties as other Returning 
Officers presiding at Elections in this Province, and upon the 
receipt of the Poll Books from the Deputy Returning Offi- 
cers of the other three sections of the said county which 

are respectively required to return to him as aforesaid, 
within two days after the close of each section election, under 
the penally of two hundred pounds; it shall be the duty of 
the said Rerurning-^Officer, and lie is hereby required to at- 
tend at ihe place where lie received votes in the section for 
which he was appointed to preside, at eleven o'clock in the 
forenoon on the tenth day after the commencement of such 
section election (unless such day fails on Sunday, then on the 
Monday following :) and in the presence of such of the can- 
didates, their Counsel or agents, and such persons as may be 
then and there assembled, shall exhibit the said poll-books, 
nod return as duly elected the iwo candidates who have, on 
the poll-books of the four sections, the highest number of le- 
gal votes, taken according to the provisions of this act, in the 
same manner as if the election for the said county had been 
wholly held by the said Returning-Officer in person. 

5. And be it further enacted by ike authority aforesaid. 
That the election in each of the said sections shall begin on 
the same day, and the time of keeping open the Polls for re- 
ceiving votes shall be the same as is now required by the 
laws of this province at other elections of members of As- 
sembly, except that on the sixth day, if the election shall 
continue so long, in any section the poll shall be closed at 
three o'clock in the afternoon. ^ 

G. And be it further enacted by the authority aforesaid,. 
That the choice of representatives for the said county shall 
be ascertained by actual polling of votes in the manner pre- 
scribed by this act in ihe respective sections aforesaid and not 
otherwise. 

7. And be it further enacted by ihe authority aforesaid. 
That before proceeding to the discharge of bis duty the Re- 
turning Officer i'ov the said county shall take the same oa;h 
required by law to be tnken by other Returning Oncers at 
elections of msmbers of Assembly in this province, and that 



u J Leeds Election. 

rvery Dcpdty Returning Officer shall take and subscribe the 
following oath : 

•* I, A. B. do solemnly swear that I have not directly or iudi- 
rec ly received any sum or sums of money, offer, place or 
employment, gratuity or reward, or any bond, bill, or note, or 
any promise Or gratuity whatsoever, either by myself or any 
other person, to my use or benefit or advantage for mn!'.Jn» 
any false or incorrect statement or return in the Poll Book., 

required by law to be by me trai : " ! to the Returning 

officer forlhecounty of Lee . an that 1 will conduct myself 
impartially and without favour or affection to any party con- 
c ,iied in t e pftesent election for the County of Leeds,** 
which several oatns may be administered by any Justice of 
he Peace of the district nf Johnstown. 
8. And be it further enacted oy the authority aforesaid^ 
That the electors residing in each of iiie said sections shall 
I'ote _ the v iectioe. held in the section wherein they pre so 
"dent, or In case the voter shall not be a resident of the 
lownty, but is otherwise legally qualified to vote, he shall 
in the section in which the propert}' on which he votes is 
ted. Provided nevertheless, that nothing herein con- 
ined shall preventer be construed to prevent any elector 
' titled to vote in the said county from voting in anv of the 
;id sections if he makes oath (or affirmation if a Quaker) 
the Returning Officer or Deputy Returning Officer 
'residing, that he apprehends personal injur} 7 or insult if he 
ittempts to vote in the section in which he is so reside nt, or his 
>roperty is so situated as aforesaid, or that it is inconvenient 
">.- him to vote thereat, (as the case may be). And provided 
liso, that besides the oaths that may now by law be adminis- 
tered to electors, every elector before tie shall be admitted to 
:; shall, if required by the Returning Officer or Deputy 
Returning Officer, at any section election at which the vote ia 
offered, or any candidate thereat, his counsel or agent, or 
nv freeholder of the said county, take the following oath 
the said Returning Officer or Deputy Returning Offi- 
cer, who is hereby authorised and required to administer the 
same : 

A. B. do solemnly ?woar that you bare rot before vot- 
ed at the present election for the County of L?eds irv any. 
ether section than the one at which you now come forward 
> vote ; !'iat you reside in (state the place), and that the 
roperty oo which you now propose to vote is situate in 
?CT j Jn v (?tnting the number of the section)." 
V- And be ii further enacted by the authority aforesaid, 
the said Returning Officer and Deputy Returning Offi- 
i"jr the said county, from the time they are respectively 



Leeds Election. v 

appointed such Returning: Officer and Deputy Returning Offi- 
cers until the election shall finally be declared by rbe Rcrurn- 
ing Officer as aforesaid, shall be and are hereby declared to 
be conservators of the peace, and severally vested with the 
same powers for tho preservation of the peace and apprehen* 
sion and committal for trial, or holding; to bail of violators of 
the law as are vested in Justices of the Peace in this Pro- 
vince, and that' the said Returning Officer and Deputy Re- 
turning Offi ers may., and each of them ; s hereby required to 
appoint and swear in such and so many special. _ ; ^tables as 
he may de^ftl necessary i'oy tho preservation of pea** «nd or- 
der at and rhirifhg th<> feclion election for which the said Re- 
turning Ofiicer or Deputy Returning Officer may be appoint- 
ed, and for such it'ae thereafter as ma}' be deemed expedient 
and necessary. 

10. And be it further enacted by the authority -a 'fore srirl, 
That every person who shall refuse to be sworn in as a spe- 
cial constable or who shall neglect his duty as such, without a 
r??al excuse, and every person who mny by threats, force or 
violence attempt to destroy the freedom of any of the said 
section elections, or hinder any elector from coming forward 
to vote thereat, or create any unnecessary noise, interruption, 
riot, tumult, disturbance or disorder tliereat, or threaten or 
use violence to any elector who may have voted, on account 
of any vote given thereat, shall be deemed guilty of a high 
misdemeanor. 

1 1. And be it farther enacted by the authority aforesaid, 
That every Justice of the P.ace in the District of Johns- 
town, who upon beine; required by the Returning Officer or 
Deputy Returning Officer, or any candidate at any such, sec- 
tion election, or an)' three householders of the said county of 
Leeds shall unreasonably refuse cr neglect to use his exertions 
for the preservation of the peace at such section elections, or 
shall encourage or willingly permit any violence or disorder 
thereat, shall be deemed guilty of a high misdemeanor, and 
upon conviction thereof shall, besides the punishment inflict- 
ed by the court before which conviction is had, forfeit his office 
pnd be forever after incapable of being appointed a Justice 
of the Peace, in ibis Province. 

12. And be it further enacted by the authority aforesaid, 
That it shall and may be lawful for any candidate at any 
election for the county of Leeds to duly appoint under his 
hand any number of persons not exceeding three to attend 
in his stead at any of the sections, who shall be empowered 
and authorised to perform, so far as to question cr scrutinii 
votes; that might or ceuld oe done by such candidate, if per- 
eoaaHy present. 



"vr Leeds Election 

13. And be it fur' her enacted by the authority a foresaid, 
That if any person or persons shall he gudty of false swear- 

ng, in any oiith required by this act, lie shall, on conviction 
thereof) suffer the like pains and penahii g h 3ny other 

person convicted of wilful and corrupt peTJury is liable by 
the laws and statutes of this Province. 

14. And he it further enacted by the authority aforesaid, 
That tha voles taken by virtue of the provisions of this act, 
shall be by ballot, and it shall and may be lawful for the 
Bettmng CiVicer and .Deputy Returning, Officers appointed 
to hold Sections, a; to the provisions of this act ; to 
appoint each a Poll Clerk who shaii fca|t scribe the 
oath aapended to this act. 

15. And be it further evaded by the authority aforesaid, 
That it shall be the duly of the said Poll Clerk, under the 
direction of the Returning Officer or Deputy Returning Offi- 
cer to take down and record the names of the voters, their 
place of residence, and the description of freehold upon 
which they vote, in a poll book, prepared as near as circum- 
stances will admit, agreeable to the form now prescribed by 
law. 

16. And be it further enacted by the authority aforesaid, 
That each Returning Officer or Deputy Returning Officer 
shall provide a box of commodious size, with a double lid or 
cover, in the lower of which lids there shall be a hole of not 
more than sufficient size conveniently to admit the slips of pa- 
per containing the votes of the electors, so that such slips 
may readily pass to the bottom of the box, between which 
lids there shall be a sufficient space to contain the Poll Book 
as hereinafter mentioned, both of which lids shall be provi- 
ded with a separate lock and key. 

17*. And be it farther enacted by the authority aforesaid, 
That even' person duly qualified to vote at any of the said 
section elections, and desirous to do so shall openly deliver 
' his ticket to the Returning Officer or Deputy Returning Offi- 
cer in present of the sworn Clerk, and such of the candi- 
dates, their clerks, agents and counsel, and other persons as 
may be present ; upon which ticket shall be written or print- 
ed the name or names of the candidate or candidates for 
whom the elector desires to vote, and the said ticket shall be 
so folded up as to conceal the contents thereof, and upon the 
receipt thereof the Returning Officer shall cause the name of 
the voter to be entered by the Clerk in his Poll Book, and 
shall in presence of the voter, clerk, and candidates or their 
agents or counsel, or such of them as may be present, put or 
cause to be put, the ticket uninspected into the box, throng!) 
ifeg hole provided therein for the purpose as aforesaid, Pro- 



Lef,i>s Elfctio:;. * x 

vided always, that neither the Returning Officer fa Deputy 
Reluming Officers shall pJace the ticket of any voter in the 
box uuui the same caavass, questions, or sciutiyy, shall hayo 
been had by either of the candidates present, nr their agents; 
or any one of the electors present, aad thi same oaths of 
qualification administered, if required, us though the mode of 
voting was not by ballot. 

L8. And he it further enacted by the authority aforesaid \ 
That at every adjournment of the p A\ the Poll Cook shall 
be put between the lids of the said box ead Locked therein, 
both of the keys of which, shall bi kept by the Returning 
Officer or Deputy Returning Officer presiding. Provided al- 
ways, that any candidate or person acting in his behalf, shall 
be pel mil ted by the Returning Officer or. Deputy Returning 
Office?, on request, so to affix his seal to the said box, so as 
to be enabled to detect any clandestine opening thereof. 

19, And be it further ana tied by the auihe rity aforesaid, 
That after the final closing of the Poll at any section elec- 
tion, the Returning Officer or Deputy Returiviag Officer pre- 
siding thereat, shall forthwith proceed in the presence of the 
clerk, candidates, or their agents or counsel, or such of them 
as may be present, and such others as may choose to attend, 
to open the said box and cause the clerk to count the said bal- 
lots or tickets unopened. If the number exceed the number 
according to the lists or Poll Book, the n so many as make 
the excess shall be casually abstracted t nd destroyed unopen- 
ed — whereupon, the Returning officer or Deputy Returning 
Officer presiding shall direct the clerk ! j proceedto canvass or 
estimate the ballots or tickets, and £ n case more than the 
proper number of tickets shall be I ound, or more than the 
proper number of names written or printed on any ticket the 
whole of the contents of such tickt ja shall be destroyed and 
not estimated. When the canvass [is completed the Return- 
ing Officer or Deputy Returning ( 'fficer presiding shall cause 
the clerk to enter the respective r , umbers for each candidate 
to be written in full words in so- we place set apart for that 
purpose in the Poll Book ; whirih book shall be returned fey 
the several Deputy Returning 'Officers to the Returning Of- 
ficer for the County, who shall therefrom and from the Poll 
Book kept under his own direction cause the Clerk of the 
Section over which he presided to make up an aggregate 
statement of the whole number of votes for each candidate 
in full words agreeable to the provisions of this Act, which 
statement shall be signed by the Returning Officer and an- 
nexed to tha Writ of Election. 

20. And be it further, enacted by the- rjuthority aforesaid „ 
that all of the Poll Boejus kept ns aforesn M be transmitted to 



Leeds Election* 



the Clerk of the Crown in Chancery, duly attested to s* 
now by in-.v required to be done, except tho principal Re- 
turning O fiifcer is «nly required 4o attest to the Toil Buok 
taken under trig direction. 

(Affidavit:) 
44 A. T>. of in the District of 

raaketh crtlh and 5aith that ho 

Will well \a.\ truly perform his duties as a Poll Clerk at 
this elec . ' bdi.ot, in ^nd for the County of Leeds, 
in ail pin m!,>. 5 ".o thu best of his knowledge and abilities, 
according ; o inis act." 

[S ;ned) MARSHALL S. RIDWELL, 

Speaker. 
JPassed Common* House nf Assembly •, \ 
11th day of April, I 

On passing the Bill, 
lows : — 

Al way, 
Bruce, 
Chisholm, 

Cook, 

Duncoinbe, of Oxford, 

Duncombe, of Norfolk, 

Durand, 

Gibson, 

Gilchrist, 

Hopkins, 

M'Donell, of Stormdflt, 

M'Intosh, 

^1'Mickiiig, 

Moore, 



335. i 

ihe Yeas and Nays were as fo!- 



YEAS, 

Morrison, 

Parke, 

Perry, 

II obi in, 

Rymal,. 

Shaver, 

ShibSey, 

Smith, 

Thorbum,. 

Waters, 

Wells, 

Wilson, 

Woolverton,. 

Yager— 28. 



NAYS. 



Brown, 

C aid well, 

M'Crae, 

M'DoceU, of GLeng- 

M'Lean, 

JVlacNab, 

Mallodb. 

Morrht, 



Richardson, 

Robinson, 

Rykert, 

Si range, 

Taylor, 

Walsh, 

Wilkinson — 



15. 



Truly extracted from the Journals of tho As- 
sembly, of the 11th dav of April, §835. 

(Signed) JAMES FITZGIBBO^:, 

Clerk of Assembly. 









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